KOTA KINABALU: The Sessions Court here yesterday referred a Filipino, who was charged with causing the death of an Indonesian man last year, to a mental hospital for observation.
High Court deputy registrar Amir Shah Amir Hassan decided to put Charlie Baay Seranas under further observation for 30 days at the Hospital Mesra Bukit Padang here.
Earlier, deputy public prosecutor Wan Azwan Aiman Wan Fakhruddin informed the court that the 37-year-old undefended accused has a history of being referred to the same hospital before.
However, Wan Azwan Aiman said a medical report obtained from the hospital did not specifically state whether the accused was fit to enter his plea or not.
Seranas was initially charged with murdering the 37-year-old Indonesian at a workshop near Kampung Kandazon in Penampang between 9.30am and 9.50am on June 10, 2011.
The charge was framed under Section 302 of the Penal Code which carries the mandatory death sentence upon conviction.
Seranas’ case was then transferred to the Sessions Court after the prosecution informed the court that they had received an instruction to do so as the charge was reduced to a culpable homicide not amounting to murdering the same victim at the same time and place.
The indictment came under Section 304 (a) of the Penal Code which is punishable by a maximum 30 years’ jail and also liable to a fine, upon conviction.
Amir Shah, who presided as a Sessions Court judge, set Sept 26 this year to re-mention the case and no bail was offered to the accused.