KUALA LUMPUR, Dec 1 — The prosecution filed an appeal today against the Ipoh Sessions Court’s decision yesterday of acquitting a medical graduate of a charge of damaging Hindu idols at the Sree Muneeswaran Amman temple after finding him to be mentally unsound when committing the act.
In a statement today, Attorney-General Tan Sri Mohamed Apandi Ali said that yesterday, the Sessions Court judge decided that the accused, Fathi Munzir Nadzri, 29, had committed an offence under Section 295 of the Penal Code, however, the judge found him to be mentally unstable at the time.
“Therefore, the judge made the decision under Section 347 of the Penal Code read together with Section 348, to acquit the accused with a warning and that he be placed under the care of his family.
“The prosecution was dissatisfied with the Sessions Court judge’s decision and has today, filed an appeal against that decision,” he said, adding that the appeal was filed in the Ipoh High Court.
Yesterday, Sessions Court judge Ikmal Hishan Mohd Tajuddin, in his judgment, said it was clearly proven that Fathi Munzir had committed the offence, but a psychiatrist confirmed that the accused was suffering from Bipolar Affective Disorder with Psychotic Features Manic Phase.
“The accused had committed the offence but on the balance of probabilities, he was found to have done it while he was in an unstable state of mind and did not know that his action was unlawful,” the judge had said.
Fathi Munzir was charged with damaging the idols at the temple in front of the Angsana Mall in Ipoh at 5pm on April 24, this year.
The offence under Section 295 of the Penal Code carries a jail term of up to two years or a fine, or both.
The court also acquitted and discharged Fathi Munzir of possessing a machete at the same place and date. — Bernama