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The accused, Mr. Amir was charged with the murder of his wife under section 302 of Penal Code. He
committed the offence at 3 pm, September 25, 1999 at the premises No 40, Lorong Setia Puspa 1,
Medan Damansara, Kuala Lumpur. Under section 302 of Penal Code, if the accused were found
guilty, he will sentence to death. Today the prosecution side represented by Miss. Amira Hazwani Bt
Anuar while from the defense counsel side represented by Miss. Nur Syamimi.

The trial begins.

Public prosecutor: About 2 pm on September 25, 1999, Mr. Amir was detained and charged under
section 302 of Penal Code. I would like to ask your permission to bring my first witness for this case.

Judge: Yes, you may.

Public prosecutor: Thank you, Your Honour.


Police: My name is inspector Lee Kwai Wah, IC number 670717-04-6567; I swear I will give the true
clarification only.

Public prosecutor: First of all inspector Lee is representing the main witness of this case, he
representing the maid name’s Yawahee Walaweyh a siamist.

Inspector, where is the witness during the incident?

Police: According to the witness’s clarification the witness was at the crime scene, where the
deceased was killed.

Public prosecutor: Inspector, please tell a little bit of information about what happened before the
deceased was killed.

Police: On Saturday, September 25, 1999, the deceased was watching the TV while the accused was
sitting at dining table alone. After 10 minute sitting with the family, the witness went to her

Public prosecutor: What happened after that?

Police: Around 3 o’clock, while the witness was sleeping, she awaked by the crying of the deceased’s
daughter named Sarah. After that, the witness rush to the bathroom upstairs. The witness heard the
accused and the deceased was quarrelling in the bathroom. Due to her fear, the witness run outside
the house and hide behind the car. Then the witness saw the accused run to his car and drive

Public prosecutor: Is the witness did not do anything due to the incident?
Police: No. After that, the witness enter the house and saw the children of the spouse crying, she
went upstairs and saw the deceased was groveled in the pool of blood, beside the deceased body,
there was a knife stained with blood.

Public Prosecutor: Your Honour, this proves that the accused is the main suspect for this case;
therefore, I have no question to ask. Thank you.

Judge: Defense counsel, do you have any question to ask?

Defence counsel: Absolutely, You’re Honour. The witness said she was at the crime scene. My
question is, does the witness see the incident right before her own eyes?

Police: According to the witness, no. she did not see the whole incident directly. But the witness was
very sure that the accused had killed the deceased.

Defense counsel: The witness did not see the whole incident with her own eyes. So this is actually an
assumption made by the witness

Next question is, just now the witness said she ran out from the house because she was afraid. How
come the witness knows that the accused stabbed the deceased? There are many possibilities that
may happen when the incident occurred. Is it true that the witness leave the scene because afraid of
the quarrelling sound of the spouse?

Police; according to the witness, yes. The witness left the scene for a while because she was afraid.
That’s all from me, Your Honour.

Judge: Public prosecutor, are you ready for cross-examination?

Public prosecutor: No, allow me to call the second witness, Dr. Rabiah

Judge: Yes, you may.

Doctor: I Dr. Rabiah, psychiatrist at Hospital Bahagia, swear to tell a truth.

Public prosecutor: Doctor, what is your relationship with the accused?

Doctor: Straight after the incident, I was given a responsibility to examine the accused health.

Public prosecutor: Doctor, what kind of examination that has been conducted?

Doctor: I have done the mental examination against the accused pertaining frequent interview, lab
examination and also held the accused’s the behavior examination. Besides that, I also held the
interview with the deceased’s family and acquaintances.

Public prosecutor: What is your finding doctor?

Doctor: At the first, we found that the accused have a normal behavior like the others.

Public prosecutor: So, can I assume that the accused have done the murder without any influences
or any health problem from the mental or physical aspect.

Doctor: At the first examination, the accused did not have any health problem, but after re-
examination we have found that the accused has delusional disorder, jealous type. In my point of
view, the accused are insane during the incident.

Public prosecutor: After re-examination doctor found the accused have a mental problem? Is it
possible if I say that the disease that the accused have is very rare. Is it true doctor?

Doctor: Yes. Usually the symptom for this type of delusion is very rare to its sufferer.

Public prosecutor: So, in my opinion, during the incident, the accused was sane and has the mens
rea element to killed, but at the same time the accused try to avoid his offence by the saying have
this disease.

Judge: Defense counsel, do you have any question?

Defense counsel: Yes Your Honour. Doctor, according to the examination, did the accused have any
mental problem?

Doctor: Yes, it’s true. The accused have mental problem.

Defense counsel: Doctor, can I say that this disease is rare but have the probability to happen?

Doctor: Yes. It’s true. This disease is rarely to occur but it has possibility to happen. Based on the
examination, the accused do this murder after hearing a voice telling him that his wife cheated on
him. After push by that voice, he killed his wife.
Defense counsel: Your Honour, this proved the accused committed the offence during he was not in
sound mind. This can be proven by Dr. Rabiah clarification. That’s all from me. Here I submit the
result of examination as an exhibit.