Abdul Malek Ahmad PCA:

Saturday 25 September 1999 started off on a peaceful note for the respondent and his family at 40 Lorong Setiapuspa 1, Bukit Damansara, Kuala Lumpur. His wife Faizah had prepared breakfast before going to buy provisions with the maid and their younger son while the respondent and their other two children stayed home. On their return, the maid had assisted Faizah to prepare lunch which they had at about 1pm.

Thereafter, the respondent sat at the dining table while Faizah and their younger son watched television. Their other two children were playing in the hall. After cleaning up, the maid went to take a nap in the downstairs bedroom. This peaceful atmosphere abruptly ended at about 3pm when the couple's only daughter Sarah, in tears, woke the maid up to tell her that her parents were in the downstairs bathroom and to ask her to assist her mother. The maid promptly went to look. The bathroom door was ajar and the said respondent's back was towards her and the maid saw the respondent holding a knife facing Faizah.

The maid ran to the neighbour's house when five minutes later, she saw the respondent drive off in his silver car. Back in the house, she found the children crying and Faizah sprawled face downwards in the bathroom covered with blood with a blood stained knife on the floor near her right leg. She asked Sarah to call her grandmother in Kluang to tell her of the incident which Sarah did.

On receiving information, Inspector Koh Jok Tian rushed to the scene and found Faizah's body on the bathroom floor with the bloodstained knife near her right leg. Dr. Ong Beng Beng, a forensic pathologist, certified that Faizah was dead and later conducted a post mortem examination where he found her to have 26 stab wounds.

He found numerous defence wounds indicating Faizah had put up a struggle. The fatal injuries were the stab wounds to the chest which penetrated her lungs and caused massive haemorrhage. The stab wounds were consistent with that caused by the knife found near her body.

The respondent was subsequently charged with the murder of Faizah on 20 March 2000. He was then represented but on the adjourned hearing date on 26 June 2000, his counsel told the court that as the respondent's family was unable to pay his fees, he had been discharged and the respondent was engaging a new counsel.

On the next date on 5 July 2000, the new counsel, who is the present counsel, appeared and new hearing dates were fixed in October 2000. However, on

9 October 2000, learned counsel informed the court that his client wanted to make a second representation to the Attorney General to reduce the charge. He emphasized the fact of the tremendous impact the case would have on the respondent's children, who would be called as witnesses, apart from the effect it would have on their performance in their forthcoming examinations. Since the prosecution was not ready as the chemist was not available, the request for adjournment was granted.

On 6 November 2000, the learned deputy asked for new hearing dates to be fixed but learned counsel told the court that the high number of stab wounds on the victim showed that the respondent had run amok and the instructions given were that the incident was due to hallucination. When asked why the respondent did not complain to the doctors while in prison, the respondent remained silent.

On the next hearing date namely 6 December 2000, the question arose whether the respondent was fit to plead. He replied in the negative and when asked why, he gave no answer. The matter was adjourned to 18 January 2001, when the learned deputy intimated to the court that the respondent had made another representation to the Attorney General. On 2 February 2001, the learned deputy told the court that the Attorney General had decided that the charge be proceeded with but learned counsel produced the psychiatrist's report on the respondent whereupon the court adjourned the matter for the respondent to be rem