A three-member bench chaired by Justice Hadhariah Syed Ismail said the trial judge had erred in setting free Lim Poh Teck, 52, as the prosecution had proved a prima facie case against him.
The court also ruled that the accused’s acquittal on grounds of insanity was premature.
“The defence of legal insanity can only be established after the close of the defence case,” said Hadhariah, who sat with Justices See Mee Chun and Azmi Ariffin.
The bench also ordered the same judge to hear the defence and also directed that Lim be held under remand in prison.
Lim has been held at the pleasure of the Yang di-Pertuan Agong in Hospital Bahagia, Ulu Kinta, Perak since Dec 13, 2021.
He is alleged to have committed the offence at a house on Jalan Indah, Jinjang Utara, Sentul in Kuala Lumpur between 6.30pm and 7pm on Feb 21, 2020.
Earlier, deputy public prosecutor Eyu Ghim Siang submitted that psychiatrist Dr Saramah Isa from Hospital Bahagia had testified that Lim was fit to stand trial.
“The doctor had also given evidence that the respondent was undergoing schizophrenia in remission, which means there is improvement in his mental health,” he said.
Court-assigned counsel GC Tan said the judge found Lim did not have control over his mental faculty when the alleged offence was committed.
“He has been suffering from a mental disorder since 1998 but was not sent for treatment,” she said.
Azmi said the court was concerned whether the trial judge could acquit Lim and yet commit him to Hospital Bahagia.
‘No grave, sudden provocation’
In another case, the same bench sentenced a welder to 35 years in jail after dismissing his appeal from conviction over the murder of a woman about five years ago.
Hadhariah said Lin Siek Hong’s defence of grave and sudden provocation that resulted in him stabbing Yap Choon Mooi was unacceptable.
“He had intention to murder when he stabbed her in the heart,” she said.
However, the bench used its discretion to substitute the death sentence imposed by the High Court last year for a custodial sentence.
Lin committed the offence on Yap at Lorong Tengah in Kampung Terentang, Rawang, Selangor at about 6.45am on Dec 11, 2018.
Deputy public prosecutor Parveen Hameedah Natchiar represented the prosecution while Lee Teong Hooi appeared for Lin, 54.