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
選擇目標文字3
連接到段落
連接到實體
取消高亮顯示
新增到目錄