PUTRAJAYA, Aug 26 — The Federal Court today ruled that a 55-year-old man who was previously acquitted of murdering his father on grounds of insanity should not be called to enter his defence.

A three-judge panel comprising Court of Appeal president Datuk Seri Abu Bakar Jais together with Federal Court judges Datuk Nordin Hassan and Datuk Mohd Nazlan Mohd Ghazali made the ruling after allowing an appeal by Pang Kar Foong against the Court of Appeal’s decision to set aside his acquittal and order him to enter his defence for murdering his father in 2020.

Justice Nordin, in delivering the decision, said this is a case that differs from the usual legal principle regarding the calling of a defence when there is no prima facie case.

“The court was of the view that this was a proper case for it to exercise its discretion to allow the appeal and that the defence should not be called under the circumstances.

“However, we are going to make an order that the accused in this case is to be kept in safe custody at the pleasure of the Sultan (of Perak) under Section 348 of the Criminal Procedure Code,” he said.

Earlier, counsel Gurbachan Singh representing Pang, said that his client was suffering from a mental disorder and was legally insane within the meaning of Section 84 of the Penal Code at the time of the alleged offence.

Section 84 provides that an act committed by a person who, due to unsoundness of mind, is incapable of knowing the nature of the act or that it is wrong or contrary to law does not constitute an offence.

“The investigating officer had testified and produced a psychiatric report, which was relied upon by the High Court when it acquitted Pang at the close of the prosecution’s case.

“The psychiatric report stated that Pang was in an unsound mental state on Sept 12, 2020, and was incapable of knowing the nature and consequences of his act,” he said.

Pang, who helped his father in running a sundry shop, is accused of murdering Pang Ket Tai, 75, at a house on Jalan Besar, Kampung Baru Gunung Rapat in Ipoh, Perak.

The alleged offence occurred between 10.30 am and 6.30 pm on September 12, 2020.

According to a psychiatric report by a consultant forensic psychiatrist from Hospital Bahagia Ulu Kinta, Pang was diagnosed with bipolar disorder with psychotic features.

The report also noted that while warded, he inflicted injuries on his own eyes and underwent eye surgery, and as a result of those injuries, his vision has been impaired in both eyes.

On Sept 30 last year, the High Court acquitted Pang without ordering him to enter his defence on the murder charge and subsequently ordered him to be detained at Hospital Bahagia Ulu Kinta, Tanjung Rambutan, Perak, at the discretion of His Royal Highness the Sultan of Perak under Section 348(2) of the Criminal Procedure Code.

Deputy Public Prosecutor Mohd Fuad Abdul Aziz appeared for the prosecution while Pang was also represented by counsel Gobindeep Singh. — Bernama