SUNGAI BESAR: The Magistrate's Court here dismissed an application by a man accused of murdering a pregnant woman to be referred to a psychiatric hospital for observation.
Magistrate Siti Hajar Ali dismissed the application by lawyer Muhammad Nor Tamrin, representing Muhammad Fakrul Aiman Sajali, 20, on the grounds that the matter should be decided by the High Court.
"The court is of the opinion that this application should be decided by the judge conducting this case which is the High Court Judge and this court is aware that the requirements under Section 342 of the Criminal Procedure Code must be complied with.
"The court also thinks that dismissing the application at this stage will not prejudice the rights of the accused. The lawyer can at any time make the application before the High Court Judge who will conduct the trial of this case later," she said on Tuesday (Sept 26).
The court then set Nov 7 for mention.
Muhammad Nor had applied for his client to be sent for psychiatric observation when the case came up for mention last Aug 3 and the court set Tuesday for the decision.
On June 1, Muhammad Fakrul Aiman was charged with the murder of 21-year-old Nur Anisah Abdul Wahab in Jalan Sungai Limau here, between 8.30 pm last May 22 and 8 am the following day.
The offence under Section 302 of the Penal Code is punishable by the death penalty if convicted. - Bernama