SHAH ALAM: The sentencing of a man for stalking under the newly crafted Section 507A of the Penal Code at a Magistrate's Court here took an unexpected detour on Wednesday (Dec 20).
Earlier, the prosecution said it would want its objection recorded if Mohamad Shafiq Rosli was sentenced without a full trial.
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The prosecution said it did not want the accused's admission of guilt enabling him to use insanity as a defence under Section 347 of the Criminal Procedure Code to escape imprisonment and fine.
"We have no objection if he pleads guilty without the defence of insanity," she said.
Mohamad Syafiq's lawyer Fithril Hakim however had requested that his client be sentenced on Wednesday without a full hearing and said that they would not use insanity as a defence.
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However, when court reconvened in the afternoon, Fithril retracted his earlier request for sentencing to be meted out on Wednesday itself.
"After discussing with the accused and his family members, we have decided to go with a plea of insanity," he said.
Magistrate Sasha Diana Sabtu then said the court would have to go to a full trial as Mohamad Syafiq's guilty plea could not be accepted.
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Fithril then asked if the trial could be concluded in one day and his client sentenced on the same day.
DPP Zilfinaz Abbas said all the documents were ready and could be submitted to the court immediately and that the trial can be concluded in one day if everything goes smoothly.
Magistrate Sasha Diana then added that sentencing could be done on the same day of the trial.
She fixed Jan 17 for the hearing.
