Armed attacker confined to prison

Fadley Faisal

A man was confined to prison yesterday, pending an order from the Prime Minister’s Office (PMO), for an armed attack he committed in June 2015.

Chief Justice Dato Seri Paduka Steven Chong made the order with satisfaction to a Magistrate’s Court report, on finding Ahmad Nazilah bin Yusof, 31, to be of unsound mind when he inflicted injuries to three victims with a knife.

The defendant, aged 26 at the time, was first charged on June 23, 2015, with cutting a two-year-old boy’s neck with a knife on June 9, 2015.

A psychiatric report dated June 23, 2015, declared the defendant to be of unsound mind, and he was ordered to be confined to prison.

On June 23, 2020, the prosecution reinstituted the charge on the premises of psychiatric reports dated May 24 and November 17, 2018, stating the defendant to be stable on medication and fit to stand trial.

Seeing an almost five-year lapse in the prosecutor’s pursuit to recommence trial, the High Court then ordered for an up-to-date psychiatric report, dated July 8, 2020, declaring him fit.

The High Court sent the case down to the Magistrate’s Court for trial, and on October 25, 2020, the prosecutors pressed three charges.

By this time, the defendant was represented by lawyer Hajah Feridahanam binti Abang Haji Zen, pro bono, and pleaded guilty.

Deputy Public Prosecutors Aminuddin Zaki bin Dato Paduka Haji Abdul Rahman and Dr Mohd Hussin Ali bin Idris’ facts state that the defendant had been playing sepak takraw at the Kampong Pandan Community Hall on June 9, 2015, when the incident occurred.

After the game, he took a knife from a friend’s car and went on a rampage, where he slashed three people (including a two-year-old boy) on the neck. He then ran home and threw the knife in a rubbish bin. That same evening, he was arrested following a police report filed by a member of the public.

The Magistrate’s Court gave consideration to another psychiatric report dated July 9, 2020, which opined that the defendant committed the offence while “under the direct influence of his mental illness (schizophrenia)”; and made a special finding that the defendant was guilty of the charges, but was of unsound mind when he committed them.

The Magistrate’s Court reported its findings to the High Court, which then found the Magistrate’s Court’s findings to be correct; and made the order under subsection (5) yesterday, in accordance with Section 321 (2) of the Criminal Procedure Code.

Pengiran Shahyzul bin Pengiran Abdul Rahman of Messrs Pengiran Izad & Lee represented the defendant in the High Court, pro bono.