“COMPLETE LACK OF REMORSE”
Deputy Public Prosecutors Mohamed Faizal, Senthilkumaran Sabapathy and Sean Teh said that Gaiyathiri’s application only proved a “complete lack of remorse” on her part and that there were no grounds to disclose the materials requested.
“With respect, the entire application reeks of an attempt to fish for evidence with the fanciful hope that some of the evidence could be used in her favour,” said the prosecutors.
They said it was “implausible” that the WhatsApp messages between Gaiyathiri and Ms Piang Ngaih Don’s next-of-kin existed as there would have been no opportunity for such an exchange.
They noted that Gaiyathiri was arrested soon after the victim’s death on Jul 26, 2016 and has been in custody since then, with no access to her mobile phone or any device with WhatsApp capability.
They also argued that her claims about being denied proper medical treatment and not having her complaints about other inmates fully investigated by SPS were false.
They added that the defence would have received the medical reports if an appropriate request had been made, and that it was “deeply disturbing” Gaiyathiri’s lawyer had not attempted to do so before making this application.
The prosecutors also said all of Gaiyathiri’s children’s medical reports in their possession had already been disclosed, and that she could request further reports through SPS and her lawyer.
As for her request regarding Dr Rajesh’s psychiatric report, the prosecutors said that this was a “clear abuse of the process of the court”.
Gaiyathiri’s psychiatric condition was a central issue in the court below, and in her plea of guilt, she made an informed and considered decision to accept the opinion of Dr Yeo, said the prosecutors.
Gaiyathiri was assessed multiple times by psychiatrists, with a 2019 report concluding that she suffered from major depressive disorder and obsessive compulsive personality disorder, both of which substantially contributed to her offences.
She qualified for the defence of diminished responsibility, with her obsessive compulsive personality disorder a significant risk factor for aggravating the severity of depressive symptoms of peripartum onset. It would have worsened her depression to an extent that partially impaired her mental responsibility for her actions, the court below heard.
“The applicant therefore is clearly seeking to have her cake and eat it; having already had the charge reduced on the basis of the reasoning found in Dr Yeo’s report, she now disingenuously seeks to disavow it to demand a better deal,” said the prosecutors.