Family, guardian not liable for mentally ill drivers' actions, but negligence charges possible, says lawyer
For an insanity plea to be accepted in court, a report from a qualified medical practitioner was required.
SHAH ALAM - Families and guardians of mentally ill people are not liable for their actions in the case of road accidents, but they could face a charge of negligence if the people under their care are diagnosed with mental illness by an expert.
Lawyer Kokila Vaani Vadiveloo said for an insanity plea to be accepted in court, a report from a qualified medical practitioner was required.
She was commenting on the case of a woman who crashed into two motorcycles, resulting in the deaths of three Universiti Teknologi Mara (UiTM) Dungun Campus students in Terengganu on Wednesday.
The 49-year-old woman was believed to be mentally ill.
"Although no supporting evidence has been provided to verify this claim. For her insanity plea to be valid, a report from a qualified medical practitioner is essential.
"If her mental unfitness is not established, she will be tried as an adult and even if certified as mentally unfit, her family or guardian could not be held responsible or charged for her actions unless they were present in the vehicle during the accident," she said when contacted.
She also acknowledged the fact that there were videos circulating online showing the supect behaving strangely, including dancing in the street, which raised concerns about he woman's mental stability.
"In a similar case, Boy Dicor Estanda v. Pendakwa (2013), the court dismissed claims of mental instability based on the appellant's smiling behaviour when surrendering.
"In this current case, there is no information to confirm whether the suspect's dancing indicates a mental condition.
"As of now, there has been no statement or confirmation from the suspect's family regarding the accident or her mental state," she said.
However, Kokila said the police can investigate the family or guardians concerning the suspect's mental condition and if the suspect was found to be mentally unfit, appropriate action for neglect or abuse may be taken.
She also said the victims' families could file a lawsuit against both the suspect and the insurers for personal injury and negligence.
"In the case of AM General Insurance Berhad v. Desmond Raj a/l Frederick and Ors, the insurer is only obligated to cover the defendant if the accident involves a motor vehicle insured by the company.
"Therefore, if the families pursue a claim against the accused, they should receive compensation through the insurance policy," she said.
Meanwhile, lawyer Salim Bashir said while mental illness does not exempt someone from prosecution, courts must consider an individual's mental state during the incident.
He said under Section 342 of the Criminal Procedure Code, an accused may be referred for medical investigations to determine their mental health.
"If it was proven that the person was incapable of understanding their actions, they may be acquitted and sent for psychiatric care instead of being imprisoned," he said.
However, he said guardians were not responsible for the actions of adults with mental illness unless the individual was under 18, according to the Child Act 2001.
On Oct 9, a tragic accident occurred when a woman crashed her vehicle into four UiTM Dungun students riding on two motorcycles, resulting in the deaths of three students and leaving one seriously injured.
The accident took place at about 7.35pm in front of the UiTM Dungun campus at Kampung Sura Hujung.
It was reported that Terengganu deputy police chief Datuk Wan Rukman Wan Hassan said the collision involved a Honda CRV car driven by the woman and two Yamaha motorcycles.
The deceased were identified as Muhammad Akmal Md Tukirin, 25, Ku Adib Aizad Ku Azmi, 20, and Khairil Anwar Jamaludin, 20.
The student who was injured, Mohd Ammar Danish Mohammad Ridhuan, 20, was still receiving treatment at the Dungun Hospital.
The 49-year-old female driver was arrested and the case was investigated under Section 41(1) of the Road Transport Act 1987.
It was reported that the family of Khairil Anwar has expressed their intention to pursue legal action against the relevant parties.
Earlier, it was also reported that the suspect had no record of receiving mental health treatment in Terengganu.
This was confirmed by State Health Department director Datuk Dr Kasemani Embong.
"We are unsure whether the woman may have received mental health treatment in other states," he said.
Kasemani urged families with members suffering from mental illness to seek treatment and highlighted the importance of societal support for those trying to get help.
