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Kuala Terengganu: The High Court here today freed a man who was charged with murdering a friend two years ago after finding that he was of unsound mind when the offence was committed.
Justice Datuk Mohd Yazid Mustafa, however, ordered that Mohd Fauzu Muda, 31, who was found to be suffering from schizophrenia, to be sent to Hospital
Permai, Johor Bahru, for treatment and held there at the pleasure of the Sultan of Terengganu.
He made the ruling after a psychiatric specialist confirmed that the accused was of unsound mind when he committed the offence. Mohd Fauzu was charged with murdering Ismazi Ismail, 31, near a forest area at Bandar Cheneh Baharu, Kemaman, between 1pm on Sept 20, 2010 and 6.30pmm the following day.
He was charged under Section 302 of the Penal Code which carried the mandatory death sentence upon conviction.
In his judgment, Mohd Yazid also said that the prosecution, represented by deputy public prosecutor Mohd Jazamuddin Ahmad Nawawi, had succeeded in
establishing a prima facie in the case.
"The accused did commit the offence. However, I found that the accused, when committing the offence, was not of sound man and did not know that his action was wrong and against the law," he added. -- Bernama