KK High Court acquits woman of killing son, commits her to mental hospital


KOTA KINABALU: A woman who killed her eight-month-old son five years ago has been acquitted by the High Court here on Wednesday (May 24) due to unsoundness of mind and committed to psychiatric care.

Judicial Commissioner Amelati Parnell, issued an order for Erina Jimmy, 35, to be committed to a psychiatric hospital.

"It is hereby ordered that the accused be acquitted and that the accused is to be kept in safe custody of the Hospital Mesra Bukit Padang, Kota Kinabalu at the pleasure of the Sabah Yang di-Pertua Negeri under Section 347 and 348 of the Criminal Procedure Code," she said.

Erina was accused of killing her son at a worker's quarters on Mantanani Island off the Kota Belud district, some 100km from here, at 1.30pm on Oct 18, 2018.

She had pleaded not guilty on Oct 4, 2019, to a murder charge under Section 302 of the Penal Code, which provides for the death penalty on conviction.

Among the grounds of her defence was insanity under Section 84 of the Penal Code.

The section states that "nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that the person is doing what is either wrong or contrary to law."

During the course of the trial, 12 witnesses were called by the prosecution while the defence called the accused and a psychiatrist to testify.

Deputy Public Prosecutor Azreen Yas Mohamad Ramli appeared for the prosecution while the accused was represented by counsel Edward Paul.

Erina, who was suffering from depression, had slit the throats of her four children, causing one of her sons to die.

The boy was later found dead while his siblings, aged from five to eight, were seriously wounded.

The accused also tried to slash her own throat but her husband managed to stop her.

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