Bukhari (middle) after his acquittal on Wednesday.
KOTA KINABALU(Sept 22): An unemployed man was freed by the High Court here on Wednesday from a charge of killing his mother four years ago.
In acquitting and discharging Bukhari Jinol, 32, Justice Nurchaya Hj Arshad ordered for the accused to be kept in safe custody of Hospital Mesra Bukit Padang Kota Kinabalu under the pleasure of the Ruler of the state.
He was charged under Section 302 of the Penal Code which carries the mandatory death sentence, upon conviction.
Bukhari was accused of murdering his 57-year-old mother at an unnumbered house at Kampung Linau in Kota Belud on May 1, 2017.
The trial judge held among others that Bukhari genetically suffered from mental illness, non consumption of prescribed medication for the duration of three months prior to the alleged incident and self indulgence of syabu.
The judge also said that expert evidence by consultant forensics psychiatry doctor had testified that Bukhari has unsound mind and was incapable of knowing the nature of committing the alleged offence.
Therefore, by that very reasons, he was confirmed to be medically insane and no doubt that he was affected by genetically mental disease as per evidence adduced by the prosecution’s witnesses and Bukhari’s unsworn testimony.
The court further held that his normal seen behaviour clearly indicated that he was not an aggressive person and mostly kept himself alone. It was only when neglected to take his prescribed medication, he became restless but still remained non aggressive.
The judge said that it was in addition of his drug abuse and his neglect to take his medication that resulted in behaving erratically aggressive which was clearly shown on the night of the alleged incident when he assaulted his mother.
“Bukhari was confirmed medically insane by the said expert witness and further under the influence of drug.
“In conclusion, Bukhari did commit the act of killing but for incapacity on him was incapable of knowing the nature of the act. I therefore acquitted him on the grounds of mental disorder under Section 347 of the Criminal Procedure Code (CPC) and order him under Section 348 of the CPC to be kept in safe custody of Hospital Mesra Bukit Padang Kota Kinabalu under the pleasure of the Ruler of the state,” said the judge.
The prosecution had called 10 witnesses to testify against Bukhari who was the sole defence witness, and who opted to give unsworn evidence from the dock.
Previously, Bukhari in his defence, among others, adduced evidence that he was insane by the reason of intoxication from syabu consumed at the time he committed the alleged act.
The defence further adduced evidence that induced psychosis which resulted in him experiencing delusions and hallucinations when at the time of the offence, Bukhari saw the deceased not as his mother but satan.
Bukhari was represented by government-assigned counsel Rizwandean Bukhari M. Borhan.