SHAH ALAM: Singer and composer Yasin Sulaiman who was sentenced to life imprisonment for three drug-related charges was aware of his actions, said High Court Judge Datuk Norsharidah Awang.
The three charges under Sections 6, 6B and 15 (1)(a) of the Dangerous Drugs Act were for drug possession, cultivating restricted plants and drug use.
During sentencing today, Norsharidah, said the 48-year-old was called to defend himself at the end of the prosecution's case at the Sessions Court which acquitted and discharged him.
"But the respondent opted to remain silent and called on an expert witness (Ulu Kinta Hospital Bahagia forensic psychiatry consultant, Dr Ian Llyod Anthony) at the defence stage.
"The issue here is whether the Sessions Court can make a determination based on the testimony of the expert witness, given that the respondent chose to remain silent."
She said in this case, Yasin, whose full name is Muhammad Yasin Sulaiman, opted against providing evidence relating to his mental condition under the principle of "legal insanity".
Norsharidah said the burden of proof, in the form of evidence and expert testimony about his mental condition at the time of arrest, lay with Yasin.
She said that the seventh prosecution witness, plant biotechnology expert Prof Dr S Sreeramanan testified that the cannabis plants and gardening tools confiscated from Yasin's residence were commonly used in cannabis cultivation.
In his testimony, Norsharidah said Sreeramanan explained it took weeks of care to grow the cannabis plants.
"The testimony shows the respondent had the knowledge (to plant cannabis) and this proved he was sane at the time of his arrest."
She said Yasin's reliance on Ian's testimony and psychiatric reports could not support his legal insanity defence.
"There is no testimony to support what SD1 (Ian) said in his report and the psychiatric report."
Norsharidah said Ian's testimony was based on an interview with Yasin while he was under observation at the Hospital Bahagia.
She said testimonies from other witnesses throughout the trial showed he knowingly owned and planted cannabis trees and used dangerous drugs.
She added the court was not tied to any expert findings as the role of witnesses was only to help the court decide on a case.
Norsharidah said that based on the testimonies from both the defence and prosecution, the High Court found that the Sessions Court had erred in acquitting and discharging Yasin.
Aside from life imprisonment, Yasin was also sentenced to 16 strokes of the rotan.
After sentencing "Mimpi Laila" singer was handcuffed by police and taken to Kajang Prison.