Kota Kinabalu: The case of a 54-year-old man, charged with causing grievous hurt to his brother, was referred to the Sabah Head of State for further order as he was confirmed to be of unsound mind.
Sessions Court Judge Ummu Khaltom Abdul Samad made the decision for the man following the request from the prosecution for the matter after the medical report by psychiatric specialist from the Hospital Mesra Bukit Padang had confirmed about his condition.
The prosecution informed the court that the medical report stated that the man was diagnosed with having schizophrenia.
The court further said based on the latest letter on Oct 17 this year from the psychiatric specialist, the medical report showed that the man was not fit to plea and to stand trial since he has been diagnosed with mental capability in capacity which has been confirmed by the medical officer from Hospital Mesra Bukit Padang.
The court hereby acted under Section 344(2) Criminal Procedure Code (CPC) making an action that the matter be referred to the Sabah Head of State for further order. Pending the order from the Head of State, the man was detained at the Hospital Mesra Bukit Padang for safe custody, as provided under Section 344 (3) of CPC.
The man allegedly caused grievous hurt to his 58-year-old brother by using a machete at 4am on June 17 this year at a house in Ranau.
He was charged under Section 326 of the Penal Code which provides for a jail term of up to 20 years, and whipping, and liability to a fine, on conviction.
Deputy Public Prosecutor Fauzi Acho appeared for the prosecution while the man was not represented.
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