PETALING JAYA: Using the defence of insanity is not as easy as it seems, with due and timely processes required to prove it in court, say lawyers.
Datuk Baljit Singh Sidhu said pleading insanity was nothing like “over-the-counter” treatment, with the accused required to undergo lengthy observations by medical professionals.
“The accused has to be warded for months.
“Observations are also done by a panel of professionals, not just one. There is a due process,” he said.
Admitting those found to be mentally unsound to mental institutions for a crime could possibly see the accused being warded longer than the sentence stipulated in law, said Baljit.
“They require help and have to undergo rigorous treatment which could take years,” he added.
Datuk Wan Azmir Wan Majid said the burden was on the accused to prove insanity, adding that medical observations could span months.
Additionally, he stated that if the court found the accused to be mentally unsound, the time they spent receiving treatment at a mental institution might be longer than the predetermined sentence.
“The accused can only be released once they are able to take care of themselves and do not pose a threat to the public.
“This may see them withheld longer, but the recovery period is subjective,” he said.
He said pleading insanity could be done either through application by the accused or their representative, or at the discretion of the presiding judge.
“Either way, the accused will have to prove insanity while the prosecution’s role is to prove otherwise.
“If found to be mentally unsound, the medical doctor, who examined the accused and produced the report, is also likely to be present as a witness,” he said.
He added that this would allow the medical report to be adduced as evidence.
Daljit Singh said the test for insanity under Section 84 of the Penal Code is a legal and not medical test.
“Legal insanity here is such that it impairs the cognitive faculties of the person.
“It must make the offender incapable of knowing the nature of his act or that what he is doing is wrong or contrary to the law,” said Daljit.
He said the court had to consider several matters if the defence of insanity was raised.
They are whether the accused successfully established, as a preliminary issue, that he was unsound when committing the crime.
If the accused was of unsound mind, it has to be proven that his condition was to the extent of being incapable of knowing whether what he did was wrong or against the law.
“The court should also consider the circumstances that come after the crime, which is a material consideration in deciding whether the appellant has satisfied the test under Section 84,” Daljit added.
The burden of proof also rests on the person who raised the insanity defence.
“Anyone can claim insanity, but he needs to prove it,” he said.
On Wednesday, Mohamad Safiq Rosli, 37, who allegedly stalked photographer Acacia Mardiana Daud, 31, over a span of eight years was acquitted and discharged by the Shah Alam Magistrate’s Court.
He was, however, ordered to be held at Hospital Bahagia Ulu Kinta in Perak at the pleasure of the Selangor Sultan.
This means he could be held indefinitely at the facility until an application is made to seek the Selangor Ruler’s consent for his release.
Had he been punished under the newly crafted Section 507A(1) of the Penal Code, under which he was charged, Mohamad Safiq would have faced a jail term not exceeding three years, a fine, or both.
He was accused of stalking Acacia Mardiana via her social media platform, X handle @ShaFoShizzie, through his handle @sopert99.
The charges levelled against him were based on police reports involving three love messages sent by the accused to the victim on June 15, 17 and 21 in 2023 that were tendered as evidence.
In the three messages, Mohamad Safiq declared his love for Acacia Mardiana.
In a post on X yesterday, Acacia Mardiana said she was mentally down after the evidence of lewd screenshots was presented in court, adding that she was physically sick for the last two days.
“Thank you for all the check-ins, but I’m in no state to comment on or analyse the situation for the time being. Appreciate the grace period,” she added.
