In a unanimous decision, a three-judge panel comprising Justices Che Ruzima Ghazali, Collin Lawrence Sequerah and Azmi Ariffin overturned the High Court’s conviction sentencing Yasin to life imprisonment and 16 strokes of the rotan.
However, it reinstated the sessions court’s decision ordering Yasin to be placed at Hospital Bahagia Ulu Kinta, Perak, at the pleasure of the Sultan of Selangor.
The appeals court ruled that the lower court had made an error when it dismissed the report provided by the first defence witness, Dr Ian Lloyd Anthony, a consultant forensic psychiatrist from Hospital Bahagia, as hearsay.
“After deliberating and reviewing the authorities submitted, we are of the view that the evidence presented by the defence witness (Dr Ian Lloyd Anthony) is not hearsay.
“This is because the medical report and evidence by Anthony were based on his direct observation of the appellant,” said Che Ruzima.
The court also noted that the trial judge had made findings on the issue of legal insanity but there was no detailed elaboration provided on these.
“This raises the question of whether the High Court judge was entitled to revisit and make findings on the issue,” she added.
Che Ruzima also said Yasin did not make an unsubstantiated claim about his bipolar disorder condition.
“There were medical reports from the Universiti Malaya Medical Centre, Hospital Canselor Tuanku Muhriz UKM (formerly Hospital Universiti Kebangsaan Malaysia) and Pantai Hospital that confirmed that the appellant indeed had issues related to the bipolar disorder and that the condition was detected in 2007.
“There was also evidence that the appellant was given medication to deal with the condition,” he said.
Veteran lawyer Hisyam Teh Poh Teik represented Yasin, while deputy public prosecutor P Sarulatha appeared for the prosecution.
On Aug 22, 2024, the Shah Alam High Court sentenced the Mimpi Laila singer to life imprisonment and ordered that he also be given 16 strokes of the rotan after he was convicted of three drug-related charges.
Judge Norsharidah Awang meted out the sentence after allowing the prosecution’s appeal against the sessions court’s decision to acquit and discharge him in 2023.
The sessions court ruled that Yasin was not mentally sound when he was arrested on March 24, 2022, despite being aware of his actions, and ordered that he be sent to Hospital Bahagia for treatment.
Yasin was charged in March 2022 with self-administering “11-nor-delta-9 tetrahydrocannabinol-9-carboxylic acid”, a primary active component of cannabis.
He was also charged with possession of 193.7gm of cannabis and cultivating 17 cannabis plants at his home in Kota Damansara.
All three charges were framed under the Dangerous Drugs Act 1952.