Can You Ask A Mentally Disabled Person To Stand Trial?

Can you ask a person who is mentally disabled/ challenged to stand trial? While the answer may or may not surprise you, we shall nonetheless briefly share with you this issue. Today, let us briefly look at Muhd Haslam Abdullah v PP which expounded extensively on this issue.

Brief facts of the case

Muhd Haslam was sentenced to death by the High Court for trafficking cannabis.

On appeal to the Court of Appeal (and during the case management itself), it was discovered that:

1. Muhd Haslam was mentally disabled;
2. The High Court did actually order Muhd Haslam to be examined in a government mental hospital for observation. The hospital reported that:
   1. Muhd Haslam was sound and was conscious of the consequences of his actions when he was caught by the police; and
   2. He is mentally fit and stable to stand trial and defend himself- this notwithstanding the fact that he has an OKU card. 

Oddly, the hospital report was not given to Muhd Haslam to be used in the preparation of his case.

The decision of the High Court

As noted above, the High Court found Muhd Haslam guilty of drug trafficking and sentenced him to death. The court came to this conclusion by pointing out that Muhd Haslam was competent enough to stand trial as any other normal person would. This was notwithstanding the fact that he held an OKU card and fell under the class of person that is recognized by law as a person with mental disabilities under the Person With Disabilities Act. 

The decision of the Court of Appeal

The Court of Appeal disagreed and set aside the death sentence, acquitting Muhd Haslam altogether in the process. 

Does this mean that a mentally disabled person cannot stand trial?

Short answer, no.

In the above case, the court says a mentally disabled person can still be asked to stand for trial. However, certain factors must be considered: 

1. Whether the impairment of the person’s mind (especially long-term impairment) would affect his appreciation of the crime he committed and his culpability for the crime; and
2. What is the extent of the mental disability as well as the nature and type of mental disability of the disabled person? Even if the court receives a report stating that the person is fit to stand trial, the court must still consider the above factor independently from the report.

Furthermore, the court noted that even if the person is asked to stand trial, the person’s ability to stand trial must still be continually assessed and addressed. While it may seem tedious, this would ensure that that person receives a fair trial.

So what else can be done to ensure that a mentally disabled person received a fair trial? The court noted that a court can (but is not limited to):

1. 1. Ensure that a disabled person could meaningfully participate in the trial process- especially when he is called to defend himself; 
   2. Where there are contradictions in what transpired, give appropriate allowances and accommodation to what was said by the mentally disabled person, factoring in his/ her mental capacity while doing so; and
   3. Give equal weight to what the person testified in all situations (even when the person elects to give unsworn evidence).

What if a mentally disabled person elects not to raise the defense of insanity?

The court noted that to ensure fairness and protection are accorded to the person by the court system, the person must still be treated differently compared to how a normal person would be treated by the court. 

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information.

For further inquiries, please email us at general@mathews.my.