The Star Malaysia

He killed his girlfriend on Feb 14. Years later, court spares him the gallows – on Valentine’s Day.

Court rules that ex-engineer was mentally impaired when murdering girlfriend

- By NURBAITI HAMDAN nurbaiti@thestar.com.my

PUTRAJAYA: He murdered his girlfriend on Valentine’s Day six years ago by stabbing her. He then tried to take his own life as he was convinced that they would be reborn and reunited as lovers in heaven.

He was convicted of the crime in 2016 and sentenced to death.

This Valentine’s Day, Cheong Teik Keon escaped the gallows.

The Federal Court yesterday ruled that he was of unsound mind when he committed the offence.

Court of Appeal president Justice Ahmad Maarop, who chaired a five-man bench, said Cheong did commit the offence.

But the trial judge failed to consider that he was of unsound mind under Section 84 of the Penal Code, he said in allowing Cheong’s appeal.

The court ordered that the 36-year-old former engineer be placed at Hospital Bahagia in Ulu Kinta, Perak.

Section 84 relates to the act of a person of unsound mind, which states that nothing is an offence when done by a person, who at the time of doing it, is incapable of knowing the nature of the act or that what he did is wrong or contrary to law.

Justice Ahmad said Cheong had proven on the balance of probabilit­y that he was not in the right frame of mind when the offence was committed.

“We set aside the conviction and order that he be kept at a mental asylum and report to the governor of Penang,” he added.

The other judges on the bench were Chief Judge of Sabah and Sarawak Justice David Wong and Federal Court judges Justices Ramly Ali, Alizatul Khair Osman Khairuddin and Rohana Yusuf.

Lawyer Hisyam Teh Poh Teik, who represente­d Cheong, later told reporters that the apex court had ordered that his client be placed in a hospital to continue receiving medical treatment.

Cheong was charged with killing Tan Ching Chin in Seberang Prai, Penang, at 8.40am on Feb 14, 2013.

During the trial, a George Town High Court heard evidence from a psychiatri­st who testified that Cheong stabbed his girlfriend three times and then purportedl­y tried to commit suicide by stabbing himself four times so that he could be reunited with her in heaven.

The psychiatri­st had testified that Cheong, who was referred to him for assessment, had the notion that he and the deceased would be reborn in heaven as lovers.

In September 2016, the High Court ruled that Cheong, who chose to remain silent in his defence, was guilty of the offence.

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