Youth in Batang Kali sex assault case to undergo mental assessment

New Straits Times

29-04-2025

AMPANG: A man with a learning disability charged with molesting a child inside a mosque in Batang Kali, Hulu Selangor, will be referred to Hospital Bahagia Ulu Kinta, Perak, for a psychiatric assessment.
The matter was requested by the defence today at the Sessions Court here. This was to enable the accused, Muhamad Adam Haiqal Abdullah, 19, to undergo a mental health evaluation under Section 342(1) of the Criminal Procedure Code.
The accused's lawyer, Lingswaran Singh, informed the court that the application was made as his client was incapable of defending himself.
"Throughout my interactions with the accused, the information provided by his mother, and supported by a psychological assessment from a public university dated July 15, 2022, the accused exhibited behaviour and made statements which raise reasonable doubt that he may be of unsound mind and incapable of defending himself.
"The application under Section 342(1) is for my client to be referred to a government hospital for psychiatric evaluation," he said.
Meanwhile, deputy public prosecutor Nadiah Malek Fauzie said that all case-related documents had been handed over to the defence except for the closed-circuit television (CCTV) footage report and the victim's medical report from Selayang Hospital.
After hearing arguments from both parties, judge Norshila Kamaruddin set July 22 for further mention of the case, pending the accused's mental health assessment report, the victim's medical report, and forensic analysis of the CCTV footage.
Speaking outside the courtroom, Lingswaran said that the application was made to determine whether the accused was fit to stand trial.
"He does have an OKU card, but medically speaking, a person considered mentally unsound may still be deemed fit to stand trial from a legal perspective," he said.
He added that the final decision would rest with the court, following evaluation by psychiatric professionals. Only then, he said, could a representation be made, either to request a withdrawal of the case or to amend the charge.
The unemployed man is accused of committing physical sexual assault against a 10-year-old girl at the Sungai Masin Mosque, Kampung Sungai Masin, Batang Kali, at 6.20am on Feb 21.
He was charged under Section 14(a) of the Sexual Offences Against Children Act 2017 and faces sentencing under the same section, which carries a maximum penalty of 20 years' imprisonment and caning if convicted.
Previously, the accused changed his plea to not guilty during the second court proceeding on March 27, after having initially pleaded guilty during the first arraignment.
However, the accused has been detained at the Puncak Alam Correctional Centre as his family was unable to afford the bail.
Earlier, the media reported that police received a report at 8.19am regarding the incident, which had gone viral on social media, before the suspect was arrested later the same day in Batang Kali.
The incident was said to have occurred while the victim was performing prayers in the back row of the women's prayer area at the mosque. CCTV footage that went viral showed a man sneaking into the women's prayer area before hugging a child from behind during the dawn (subuh) prayer.
A check by the Social Welfare Department found that the man had been issued an OKU card for learning disabilities since childhood.