BY Fadley Faisal
The Chief Justice on Thursday declared a man involved in a killing “insane”, following his findings from multiple health reports.
Chief Justice Dato Seri Paduka Steven Chong ordered Naina Mohammed Mohammed Jiauwadeen to be held in prison, while the court files a report to the Prime Minister’s Office (PMO), pending an order from the PMO.
The defendant was first charged with murder on July 4, 2012, followed by psychiatric reports on the defendant that he was found to be of unsound mind and was declared unfit to stand trial.
On July 9 this year, a psychiatric report declared the defendant fit to stand trial, followed by the prosecution’s pursuit of the charge against him.
The Chief Justice observed the considerable lapse of time between the latest report and the prosecution’s intent to recommence the criminal proceedings against the defendant.
He sought for an up-to-date psychiatric report on the defendant, which resulted in a finding on July 21, declaring the defendant fit to stand trial, having recovered sufficiently to do so.
On November 11, the prosecution preferred an alternative charge against the defendant, one of culpable homicide, to which the defendant immediately pleaded guilty.
Deputy Public Prosecutor Hajah Suriana binti Haji Radin’s facts of the case stated that the defendant, an Indian citizen who worked as a salesman, attacked his compatriot with a metal rod on the afternoon of June 18, 2012, at a building in Jalan Roberts.
The metal rod struck the other man on the neck, causing fatal injuries. His lifeless body was found on the floor by the police, who arrived in response to a public alert.
“Considering the defendant’s guilty plea, admission to the facts, and the undisputed psychiatric reports stating that the defendant was of unsound mind, and the offence was committed when he was suffering from the psychotic symptoms of schizophrenia, I make a special finding that the defendant was guilty of the act charged but was ‘insane’ when he did the act,” the Chief Justice decided.
The Chief Justice also cited that “when a special finding under Section 320 is made by the High Court, it shall report the case to the Permanent Secretary to the Office of the Prime Minister, and order the person in respect of whom it has made such finding to be confined in a psychiatric facility, prison or other suitable place of safe custody during the pleasure of His Majesty Sultan Haji Hassanal Bolkiah Mu’izzaddin Waddaulah ibni Al-Marhum Sultan Haji Omar ‘Ali Saifuddien Sa’adul Khairi Waddien, Sultan and Yang Di-Pertuan of Brunei Darussalam”.
Defence counsel Rozaiman bin Abdul Rahman of Messrs ZICO RAR represented the defendant.
-- Courtesy of Borneo Bulletin