The defence in the murder trial involving a 15-year-old boy accused of killing his schoolmate has closed its case after the final defence witness completed his testimony today.
Defence lawyer Kitson Foong said Hospital Bahagia Ulu Kinta director and consultant forensic psychiatrist Dr Ian Lloyd Anthony had finished giving evidence before the High Court.
The trial, which has been conducted behind closed doors, began on Aug 3 and lasted 10 days. A total of 11 prosecution witnesses and two defence witnesses testified before High Court Judge Adlin Abdul Majid.
Among those called by the prosecution were a pathologist, the victim’s mother, a former schoolmaster, four teachers and three child witnesses, including the accused’s 17-year-old brother.
The child witnesses gave evidence from behind a partition to prevent direct contact with the accused, who was seated near the dock. Their identities and testimonies are protected under the Child Act.
The defence case began on Aug 8, with the accused taking the stand before Dr Ian Lloyd was called as the final defence witness.
Foong said the court had directed both sides to submit their written submissions by Sept 3, followed by oral submissions on Sept 8.
He said Dr Ian Lloyd’s evidence would be considered in determining whether the teenager was mentally sound or suffering from a mental disorder.
“Whether the boy committed the offence and whether he is legally insane under Section 84 of the Penal Code will ultimately be decided by the court,” he said.
According to Foong, the court would assess evidence relating to psychosis, the circumstances surrounding the incident, witness testimony and medical evidence before deciding whether the boy understood the nature and consequences of his actions.
A decision is expected in mid-September.
Foong described the proceedings as one of the fastest murder trials of its kind, saying the case had been prioritised by the prosecution, defence and court due to the accused’s age and the involvement of child witnesses.
“Most cases would not even start within one year of the offence. Here, we have finished within one year.
“This should serve as a benchmark for future cases,” he said.
He also urged the public not to reach conclusions without considering the teenager’s mental state and the evidence presented in court, particularly as his defence involves Section 84 of the Penal Code.
Foong said the court had also heard evidence concerning the boy’s behaviour after the incident, including the fact that he did not attempt to flee.
On his current condition, Foong said the teenager was calm, responding well to medication and continuing to receive treatment at the Puncak Alam Correctional Centre, a juvenile correctional facility.
“He is doing better. As long as he takes his medication, there is every hope that he will get better.
“His condition is lifelong and there is no cure, but it can be managed with medication,” he said.
The court had previously heard that symptoms of mental illness began appearing in the boy after the Covid-19 pandemic.
Foong said the accused had remained composed throughout the trial and understood the proceedings, with an interpreter provided to translate the proceedings into Mandarin.
The teenager pleaded not guilty in February to a murder charge involving his Form Four schoolmate.
Based on the charge sheet, he is accused of killing the victim in the girls’ toilet of SMK Bandar Utama Damansara (4), Bandar Utama, Petaling Jaya, between 9.20am and 9.35am on Oct 14 last year.
The offence carries the death penalty or imprisonment of between 30 and 40 years, together with 12 strokes of the rotan upon conviction.
However, Section 97(1) of the Child Act states that the death penalty cannot be imposed on a child who was below 18 when the offence was committed. Under Section 97(2), such a child may instead be detained at the pleasure of the Yang di-Pertuan Agong for offences committed in the Federal Territories, or the relevant Ruler or Yang di-Pertua Negeri if committed in a state.
Besides Foong, the defence team comprises Chew Jee San, Angel Choo and Yan Zhi Wei.
The prosecution is represented by deputy public prosecutors Raja Zaizul Faridah Raja Zaharudin, Aqharie Durranie Aziz and Ahmad Iqbal Azman.
Datuk Yasmeen Shariff and Jason Lim Jie Sheng are holding watching briefs for the Bar Council and Human Rights Commission of Malaysia respectively.
