Paragraph 7 reads: "Asmabi said the court did not solely depend on medical evidence in arriving at the verdict, but also the testimonies of the father, elder sister and brother of the accused, who had spoken about his strange behavior, and also the sister's testimony that he was on anti-depression pills."

http://www.bernama.com/bernama/v5/newsgeneral.php?id=516475

July 26, 2010 17:34 PM

Mental Patient Acquitted Of Murdering Mom

SHAH ALAM, July 26 (Bernama) -- The High Court here Monday acquitted a man from a charge of murdering his own mother two years ago, after finding that he was of unsound mind when committing the deed.

Judicial Commissioner Datuk Asmabi Mohamad, however, ordered the accused, Ashraf Hamdan, 35, to be sent to Hospital Bahagia, Ulu Kinta, Perak, and be held there until such time at the pleasure of the Sultan of Selangor.

The court also acquitted him of another charge, of causing grievous hurt to his father, Hamdan Nordin, 67.

The accused was alleged to have murdered his mother, Aishah Jakin, 67, with an axe and hurt Hamdan using a knife behind a house at Lot 9147, Jalan Harmonis 2, Taman Harmonis, Gombak, at around 11pm on Feb 5, 2008.

He had been charged with murder under Section 302 of the Penal Code, which carries the mandatory death sentence, if convicted.

His mother sustained 24 slash and stab wounds in the incident.

Asmabi said the court did not solely depend on medical evidence in arriving at the verdict, but also the testimonies of the father, elder sister and brother of the accused, who had spoken about his strange behavior, and also the sister's testimony that he was on anti-depression pills.

She added that there were also no elements of "mens rea" (ill-intention) on the part of the accused.

During the course of the trial, the prosecution led by Deputy Public Prosecutor Mohd Suhairy Zakaria had called 17 witnesses while the defence, handled by counsel James George, presented two witnesses.

-- BERNAMA