Federal Court: Legally insane accused should not be called to enter defence

The Federal Court has ruled that an accused found to be legally and medically insane at the time of an alleged offence should not be called to enter his defence. The ruling came after 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 allegedly murdering his father in 2020.

The court, presided over by three-member panel led by Court of Appeal president Datuk Seri Abu Bakar Jais, determined that Pang, who was suffering from both a mental disorder and legal insanity within the meaning of Section 84 of the Penal Code, should not be required to enter his defence under the circumstances. The court emphasized that this case is different from the normal situation involving a prima facie case, where an accused is required to enter his defence.

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