PUTRAJAYA: A bodyguard who killed his former boss and two others during a shooting rampage at the Tun Dr Lim Choong Eu Expressway in Penang has been ordered to be sent to a mental hospital.
Court of Appeal Judge Datuk Hadhariah Syed Ismail, who led the three-member bench, made the ruling after acquitting and discharging Ja'afar Halid from multiple murder charges because he committed the offense while insane.
The court said the 45-year-old accused was not aware that his actions were wrong or contrary to the law (legal insanity).
"After examining the defence's case, we found that the appellant has successfully proven, on the balance of probabilities, that he suffered from a mental disorder at the time of the incident.
"In this case, the appellant claims that he does not remember what happened. He only became aware when he heard instructions to put down the weapon.
"No explanation is provided for why he does not remember.
"The available testimony indicates that he experienced psychosis, hearing voices and seeing a dark figure beside him.
"The appellant, without reason, acted aggressively by shooting random passersby.
"This issue of psychosis occurred when he was being treated at the Kuala Lumpur General Hospital on June 22, 2015," the court said.
The appellate court said the appellant's behaviour was consistent with his aggressive actions towards other patients while in the psychiatric ward at HKL and Hospital Bahagia at Ulu Kinta on Dec 14, 2016.
"His behaviour during the incident on Dec 1, 2016, clearly indicates that he was insane and unaware of his actions," the court said.
The appellate court then ordered Ja'afar to be sent to a mental hospital in Perak or Johor as deemed appropriate.
"The court will prepare a report to be presented to the Yang di-Pertuan Agong for approval under Section 348(2) of the Criminal Procedure Code."
The two other judges on the panel were Datuk Azman Abdullah and Datuk S. M. Komathy Suppiah.
On Dec 16, 2020, High Court judge Datuk Abdul Wahab Mohamed sentenced Ja'afar to the gallows for killing his former employer and two other individuals seven years ago.
Ja'afar was charged with killing his employer, businessman Datuk Ong Teik Kwong, 32, and two other individuals, Choi Hoi Ming, 32, and Senthil Murugiah, 38, by firing at them with a shotgun.
He was accused of committing the murders at the exit to the Penang Bridge on the Tun Dr Lim Chong Eu Expressway between 7.15am and 7.30am on Dec 1, 2016.
The court also sentenced him to 15 years in jail for five other charges of attempted murder.
He was accused of shooting Lee Hong Boon, 59; Nurul Huda Ab Aziz, 42; Puah Bee Joo, 36; Mohamad Amirul Amin Mohamed Amer, 32; and K. Arivarni, 37; with a Glock 19 pistol at the same place and time.