Daughter-killing housewife escapes hanging due to insanity

28 Aug 2017 / 21:18 H.

MALACCA: A housewife was spared the noose for bashing her 22-month old daughter to death two years ago after the High Court here found her to be of unsound mind.
Judicial Commissioner Siti Khadijah S. Hassan Badjenid ordered for Daphne Phang Mei Kei, 28, to be treated at the Permai Psychiatric Hospital in Tampoi, Johor, at the pleasure of Malacca's Yang di-Pertua Negri Tun Mohd Khalil Yaakob.
Siti Khadijah said that while the prosecution had proved beyond reasonable double that the accused was responsible for her daughter's death, the defence had raised a reasonable doubt against the prosecution's case.
"Under Section 84 of the Penal Code, Phang was (deemed) of unsound mind when committing the murder, and was incapable of knowing the nature of the act, or that what she was doing was either wrong or contrary to the law.
"Due to this, the court has ordered, under Section 348 (1) of the Criminal Procedure Code (safe custody of person acquitted), for Phang to be placed under the safe custody of the Permai Hospital in Johor Baru.
"Phang is to be confined to the psychiatric hospital at the pleasure of the Yang di-Pertua Negri Tun Mohd Khalil Yaakob under Section 348 (2) of the Criminal Procedure Code," Siti Khadijah said.
Phang who was clad in a pink jacket over an orange t-shirt and jeans, was seen smiling and even shook hands with those present in court after the verdict.
It was previously reported that the toddler had fractures on her skull and bruises on few parts of her body, suspected to be a result of being abused.
The accused had taken her daughter to Hospital Tampin for medical attention claiming the child had fell off her walker. Medical officers there confirmed the child was dead.
Deputy Public Prosecutor Ifa Sirrhu Samsudin prosecuted while the accused was represented by defence counsel Tiu Leong Kim.
On Aug 4, 2015, Phang was charged at the Alor Gajah magistrate's court with the murder of Evan Chee Xin Ci at 5.30pm on July 20, 2015 at her house at No. PS 2237, Jalan Padi Indah Utama, Taman Padi Indah, Pulau Sebang here.

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