Defence ready for appeal over Bandar Utama schoolboy's murder acquittal

In Shah Alam, the defence team for the 15-year-old boy acquitted of his schoolmate's murder in 2021 has declared readiness to face the prosecution's appeal against the decision. Lawyer Kitson Foong stated that the Attorney-General's Chambers (A-GC) appeal is anticipated due to the case's significance and the sorrow of the victim's family.

The prosecution's appeal in such a grave and emotionally charged matter is, quite logically, expected, and perhaps even expected. The defence team, however, remains unfazed, indicating they are ready to challenge the Shah Alam High Court's findings. The 77-page judgment provided detailed examination of forensic psychiatric evidence, statutory constraints, and legal precedents, and the defence team is prepared to argue these findings before the appellate court.

Judge Adlin Abdul Majid acquitted the boy after determining he was unsound of mind at the time of the incident, and ordered his detention and treatment at Hospital Bahagia Ulu Kinta in Perak at the Sultan's discretion. The boy had pleaded not guilty to murdering his Form Four schoolmate in the girls' toilet at SMK Bandar Utama Damansara in September last year, with the charge carrying the death penalty or 30-40 years in jail and 12 strokes of the cane upon conviction.

The death penalty was not applicable due to Section 97(1) of the Child Act, as the boy was under 18 at the time of the offence. Instead, Section 97(2) allowed for detention at the pleasure of the Yang di-Pertuan Agong if the offence occurred in the Federal Territories. The judge's acceptance of the forensic psychiatrist's findings, diagnosing the boy with early-onset schizophrenia with psychopathic and sadistic traits, led to the acquittal.

The judge emphasized the importance of recognizing and understanding mental illness in children, and the potential devastation if warning signs are ignored.