The Charge

[1] The respondent was charged in the High Court at Johor Bahru with murder and the charge against her was as follows:

"Bahawa kamu pada 2 Februari 2011, jam lebih kurang 1.30 pagi, di rumah No 27, Jalan Kulai Besar, Taman Seraya, dalam Daerah Kulaijaya, di dalam Negeri Johor Darul Ta'zim, telah membunuh seorang perempuan bernama Garanurharba bt Abdul Shukur (N Passport: Tiada) dan oleh yang demikian kamu telah melakukan kesalahan yang boleh dihukum di bawah s 302 Kanun Keseksaan."

[2] She was alleged to have poured hot oil on the deceased, causing her death. She claimed trial to the charge and was acquitted and discharged at the close of the prosecution case without her defence being called. The learned trial judge found that no prima facie case had been established against her as she was insane at the time she committed the act.

[3] Dissatisfied with the decision, the prosecution appealed to the Court of Appeal and succeeded, whereupon the respondent was ordered to enter her defence before the same judge. The learned judge after duly calling for her defence again acquitted and discharged her, on the same ground that she was insane at the time she com