TAIPING: An unemployed man was acquitted on Thursday and discharged of murdering his uncle after the High Court here found that he was of unsound mind when committing the offence three years ago.
Judicial Commissioner Noor Ruwena Md Nurdin, when reading out her judgment against Ahmad Tarmizi Harun, 33, said the case did not need for the defence to be called as the court was satisfied with the report and testimony of a witness, who is a psychiatrist, confirming that the accused had been suffering from schizophrenia since 2009.
"The accused is also a substance dependent which aggravates the situation. His mental state was not sane and was unaware of the nature and consequences of his actions, as well as unable to know his actions were wrong and against the law,” she said.
She said the accused’s mental disorder was also proven by the fact that he did not attempt to destroy the evidence as the bricks, which were believed to be used as the murder weapon, were still at the scene.
The court then ordered Ahmad Tarmizi to be sent to Hospital Bahagia Ulu Kinta in Tanjung Rambutan as provided under Section 348 of the Criminal Procedure Code.
He was accused of murdering his 51-year-old uncle, Ahmad Halim Bahari, at a house in Kampung Piang, Mukim Kerunai, Gerik, on Nov 10, 2020.
Deputy Public Prosecutor Sally Chai Mei Ling prosecuted while lawyer Ranjit Singh represented the accused. – Bernama