The court allowed the prosecution’s appeal and overturned a High Court finding last year that although Rozani Yahaya, 45, had caused the victim’s death, he was incapable of knowing that the act was unlawful.

Deputy public prosecutor Ng Siew Wee had submitted that consultant psychiatrist Dr Yeoh Chia Minn had testified Rozani was fit to stand trial despite suffering from the mental disorder.

“He should enter his defence and whatever evidence put forward by the prosecution must be tested against his evidence,” she said.

Rozani had been charged with using an iron rod to cause the death of Ab Halim Che Yusoff at Kampung Apa Apa in Pasir Mas, Kelantan in January 2018.

At the close of the prosecution’s case in March last year, he was acquitted by the High Court on the basis he was of unsound mind. The court ordered that he be held at the pleasure of the Sultan of Kelantan at Hospital Bahagia in Ulu Kinta, Perak.

The court noted Yeoh’s testimony that Rozani was suffering from schizophrenia, which was in remission, had mild intellectual disability and had been drug dependent since 2004.

However, the trial judge questioned the accuracy of the findings, saying Rozani was only examined nine months after the incident, while a policeman who had known Rozani for a long time had testified that he was drug dependent and of unsound mind.

The prosecution’s appeal against the acquittal was dismissed by the Court of Appeal which held that the defence had successfully proven insanity through the testimony of the prosecution witnesses.

Today’s ruling by the Federal Court means the prosecution has successfully proven a prima facie case against Rozani to which he will have to enter his defence.

The three-member bench was chaired by Justice Zabariah Yusof who heard the appeal with Justices Abdul Karim Abdul Jalil and Hanipah Farikullah.

Rajit Singh, assisted by Robin Lim, appeared for Rozani.