'Of unsound mind': Malaysian teen, 15, acquitted of schoolmate's murder after insanity ruling

A 15-year-old boy has been acquitted of murdering his 16-year-old schoolmate at a secondary school in Bandar Utama last year after the High Court found him to have been of unsound mind at the time of the incident.

The judge ordered the boy to be detained and treated at Hospital Bahagia Ulu Kinta in Perak at the pleasure of the Sultan of Selangor, the New Straits Times (NST) reported on Monday (Sept 14).

The incident happened on Oct 14 last year, when the boy was accused of fatally stabbing his schoolmate, Yap Shing Xuen, in the girls' toilet of SMK Bandar Utama 4 in Selangor.

He was arrested at the school and later charged with murder, while the court ordered him to undergo a psychiatric evaluation following an application by his lawyer.

The boy's lawyer, Kitson Foong, said the defence had successfully established the requirements under Section 84 of the Penal Code, which provides for the defence of insanity, while the prosecution had failed to rebut it.

"As a result, the court acquitted the boy of the murder charge on the grounds of insanity," he told reporters following the closed-door proceedings, according to NST.

Foong said the court had accepted the testimony and report of Hospital Bahagia Ulu Kinta director and forensic psychiatrist Dr Ian Lloyd Anthony, who found that the boy was suffering from severe schizophrenia.

"He was not his normal self. He thought he was God and heard voices," he said.

Boy to receive psychiatric treatment

Under the court order, the boy will be sent to a psychiatric hospital for treatment, counselling and medication, and will remain there until the Sultan of Selangor receives a report stating that he can return to society and is no longer a threat.

"Any order for his release will come from the Sultan of Selangor upon the advice of the psychiatric doctors at the appropriate time," Foong said.

Judge Adlin Abdul Majid also reminded the boy of the gravity of the offence and not to take for granted the liberty granted by the court, while Foong said the boy acknowledged that he had taken a life, remained composed and understood the proceedings, The Star reported.

Foong said the defence had not disregarded the interests of the deceased, adding that the decision was based on the charges, medical report and expert findings.

Second chance for rehabilitation

Foong said Malaysian law recognises that children below 18 can be treated and rehabilitated regardless of the offence committed, giving them a second chance to change and turn their lives around.

The trial, which began on August 3, heard testimony from 11 prosecution witnesses, including the boy's elder brother, NST reported.

The boy had pleaded not guilty to murdering his schoolmate, according to Malay Mail.

The murder charge carries the death penalty, or imprisonment of between 30 and 40 years and 12 strokes of the cane upon conviction, but under Section 97(1) of the Child Act, the death penalty cannot be imposed on a child who commits an offence while below 18.

Instead, Section 97(2) provides that a person convicted of such an offence shall be detained at the pleasure of the Yang di-Pertuan Agong if the offence was committed in the Federal Territories, or the Ruler or Yang di-Pertua Negeri if it was committed in a state.

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helmy.saat@asiaone.com