KUALA LUMPUR: A psychiatric report from Hospital Bahagia Ulu Kinta has found that a carpenter accused of attacking a businessman at a bak kut teh restaurant was mentally sound at the time of the alleged incident and is fit to stand trial.
The report stated that Wong Weng Luen, 49, was mentally sound and aware of the nature and consequences of his actions during the May 7 incident.
He was also capable of understanding that his actions were wrong and contrary to the law.
It further stated that Wong's mental condition was stable when the report was prepared and that he was fit to stand trial and capable of mounting his defence.
Sessions Court judge Noor Aini Yusof read out the report in open court today after deputy public prosecutor Adiba Iman Hassan informed the court that it was ready.
Wong and his co-accused, technician Lai Kae Bin, 33, are represented by lawyer Muhamad Firdaus Jumaludin, while memorial centre worker Wan Ken Fei, 30, is represented by lawyer S. Narasimham.
Through their lawyers, all three confirmed that they wished to stand trial.
All the accused, dressed in white prison attire and handcuffed, were present in the dock.
They pleaded not guilty to voluntarily causing grievous hurt to businessman Andrew Teh, 47, using dangerous weapons at Restoran Hing Kee Bakuteh in Jalan Kepong at 2am on May 7.
Lai, who was granted bail of RM20,000 with one surety by the High Court last month, was brought to court from jail as his family had been unable to raise the funds to secure his release.
Following this, Narasimham applied for bail for Wan, arguing that the Sessions Court retained the discretion to grant bail despite the High Court having dismissed an earlier application.
He said Wan should be granted bail in light of the High Court's decision to allow bail for Lai.
"One of the reasons cited by Lai's lawyer was that his role in the alleged attack was minimal.
"I have viewed the viral closed-circuit television (CCTV) recording of the incident, and I found that my client, too, had a minimal role.
"He had tried to stop the fight at the beginning before the situation escalated. It can clearly be seen in the video," he said.
Narasimham argued that the outstanding medical report raised questions about how much longer his client would remain in remand, adding that Wan was not a threat to society.
He said the court could impose strict bail conditions and revoke bail if any of them were breached.
However, Adiba Iman objected to the application, describing the alleged offence as serious.
"If the accused is given bail, he may abscond, repeat his actions and potentially harass witnesses.
"The fact that Lai was granted bail does not automatically entitle him to the same," she said.
She added that there had been no material changes in the circumstances of the case to warrant granting bail.
She also said the extent of the victim's injuries could not be conclusively determined as the medical report had yet to be obtained, although photographs of the injuries had been provided to the defence.
After hearing submissions from both parties, Noor Aini dismissed the bail application, ruling that her court was bound by the High Court's decision.
She said there had been no material changes in the facts of the case.
Noor Aini also directed the prosecution to explain the delay if the medical report remained unavailable by the next mention date.
The court fixed Nov 16 for the submission of the forensic and medical reports.
The attack allegedly stemmed from an incident in which Teh was accused of staring at a man believed to be intoxicated while dining at the restaurant.
Teh was punched, kicked and struck with various objects, including chairs and a kettle, before managing to escape.
© New Straits Times Press (M) Bhd
