PUTRAJAYA: The Court of Appeal on Tuesday (Sept 24) ordered a man to defend himself on the charge of killing his biological father by hitting him with a stick and slashing him with a meat cleaver, five years ago.
Judge Datuk Ahmad Zaidi Ibrahim made the ruling after allowing the public prosecutor's appeal as the appellant against the decision of the Shah Alam High Court which acquitted Jamil Tawasil, 39, of the charge at the end of the prosecution case.
In the unanimous decision, Judge Ahmad Zaidi who sat with Court of Appeal judge Datuk Azman Abdullah and High Court judge Datuk Noorin Badaruddin said the High Court judge erred when she acquitted the accused (Jamil) without summoning to defend himself and ordered him to be placed under the care of Hospital Bahagia Ulu Kinta, Perak as long as the Sultan of Selangor allowed, under Section 348 of the Criminal Procedure Code.
"After listening to the submissions from the respondent’s lawyer and the Deputy Public Prosecutor, we find that the prosecution has proved that a prima facie case has existed in this case.
"In our considered view, D46 (the respondent's psychiatric report) is not enough to establish legal insanity under Section 84 of the Penal Code and the prosecution in this case was not given the opportunity to rebut D46.
"Therefore, the appellant's appeal is allowed and the respondent was ordered to defend himself. The case was returned to the Shah Alam High Court to be tried before the same judicial commissioner,” said Judge Ahmad Zaidi who also fixed Oct 8 for mention of the case in the High Court.
In November 2023, Judicial Commissioner Dr Wendy Ooi Su Ghee acquitted Jamil of the charge of murder after ruling that he suffered from 'brain disease' and ordered to be placed under the care of Hospital Bahagia Hospital Ulu Kinta, Perak.
Ooi in her judgment said the man was found to be insane when he hit the victim with a stick and slashed him with a meat cleaver.
According to the case, Jamil was charged with killing Tawasil Sinag, 68, in a house in Taman Puteri Taragon, Batu 9 Cheras, Hulu Langat near here, between 11 and 11.15pm, Nov 9, 2019.
Earlier, Deputy Public Prosecutor Norzilati Izhani Zainal @ Zainol argued that the High Court erred when it acquitted the respondent of murder charges at the end of the prosecution case.
"The trial judge used a psychiatric report by psychiatrist Dr Saramah Mohd Isa and acquitted the appellant. The prosecution should have been given the opportunity to question the doctor about the psychiatric report which stated that the appellant had schizophrenia and had received treatment at Hospital Kuala Lumpur and at Hospital Kajang.
Jamil was represented by lawyer Gurbachan Singh. - Bernama
