480 Malayan Law Journal [2017] 1 MLJ OUR DELIBERATION AND DECISION [27] It needs to be noted that the mental condition of the appellant as being ‘virtually insane and of unsound mind’ was included in the pleadings at paras 9–10 of the statement of claim. It was as follows: 9. Due to the prolonged detention, especially after dismissal of the appeal by the Federal Court on 01 August 2008, the plaintiff who had been in solitary confinement in bilik akhir since conviction by the High Court on 13/6/2000 which is for a period of nearly 14 years. The plaintiff has suffered extreme mental distress due to the solitary confinement for about 23 hours per day. As a result of the prolonged solitary confinement in the death cell (bilik akhir), the plaintiff has suffered from psychiatric and mental problems and has become virtually insane and of unsound mind. The plaintiff has been undergoing psychiatric and mental problems at the hospital at the Kajang Prison and is still under treatment. 10. The plaintiff avers that his detention since 20 February 1997 as a remand prisoner, initially at the Sungai Buloh Prison and since about 13 June 2000 in the death cell (bilik akhir) at the Kajang Prison had adversely affected his mental condition and health. [28] The amended memorandum of appeal presented this ground now being forcefully relied upon by the appellant, in the following manner: A B C D E Ground 2: Executing An Individual Suffering From Mental Disorder is Unconstitutional [43] The appellant above named, having filed the Memorandum of Appeal to the Court of Appeal on 03 December 2014, appeals on the additional ground that the execution of the appellant, who suffers from mental disorder, is unconstitutional. F … Execution Of Those Suffering From Serious Mental Disorder Is A Deprivation Of Life That Is Not In Accordance With The Law. G [29] Further, prayer (iv) at para 18 of the statement of claim spelt out that among the relief sought, inter alia, was: (iv) In the alternative, that the execution of the sentence to hang until death of the plaintiff be quashed and/or set aside; H Hence the appellant’s pleading had also sought, albeit alternatively, for the execution of the sentence to be set aside. I [30] As earlier noted, in order to succeed on their application to strike out the suit; it was incumbent upon the respondent to show that the appellant’s case was plainly and obviously unsustainable. Conversely, the appellant would only have to establish that there was an ‘arguable case’ available to them. As