| By Khushwant Singh, Court Reporter | ||
 |  | Among the issues to be resolved is the question on whether the Barokah (left) has a personality disorder that makes her dependent on men and afraid of being abandoned. -- ST PHOTO: WONG KWAI CHOW |
The Court of Appeal set aside the sentence and sent the case back to the trial judge last August.
Justice Tay Yong Kwang must now re-evaluate fresh evidence to see if the punishment is appropriate.
Among the issues to be resolved is the question on whether the 29-year-old Barokah has a personality disorder that makes her dependent on men and afraid of being abandoned.
Justice Tay decided that the disorder made her likely to commit a violent crime again and she should be imprisoned for life but the Court of Appeal noted that the psychiatric evidence was inconclusive.
At the start of the hearing on Monday, Senior Counsel Harpreet Singh Nehal, acting for Barokah, said another issue to be addressed was the effects of pregnancy on Barokah's state of mind at the time.
He also said that the defence would be calling consultant psychiatrist Dr Helen Chen to testify on the possible mental effects of the pregnancy.
Both the prosecution and defence psychiatrists will also give evidence on the precise nature of Barokah's mental disorder.
SC Nehal pointed out that Dr Tommy Tan, the prosecution's expert, did not diagnose Barokah as suffering from a personality dependent disorder while his own expert witness, Dr R Nagulendran said that she did not.
On her propensity to re-offend, Mr Nehal said appropriate medical treatment would ensure that Barokah would not be a 'future and real danger to society if not incarcerated for life'.
According to two police officers and a neighbour, Barokah was not anxious, distressed or disturbed.
Only Sergeant Nor Hida Nasib remembered that she had appeared to be shocked and sad when told that Madam Wee Keng Wah was dead.
Staff Sergeant Mohamad Kamil Hassan said that Barokah was calm and normal when they interviewed her.
'If she had acted otherwise, I would have noted it down in my log sheet,' he said.
The trial continues.
About the case
Barokah pushed Madam Wee Keng Wah from their ninth-floor Chai Chee flat in 2005 after the elderly woman scolded her for sneaking out to meet a man.
She escaped the death sentence when the original murder charge was reduced after she was diagnosed by psychiatrists to be moderately depressed.
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