A MAN found to have killed his father but to have been legally incapable of understanding his actions because of mental illness will not be required to stand trial in his own defence, after the Federal Court today brought an end to a five-year legal battle over the case.
The apex court unanimously allowed Pang Kar Foong’s appeal and ruled that the defence should not be called, overturning the Court of Appeal’s order that he be made to enter his defence.
A three-member panel chaired by Court of Appeal President Datuk Seri Abu Bakar Jais, sitting with Datuk Nordin Hassan and Datuk Mohd Nazlan Mohd Ghazali, instead ordered that Kar Foong remain in safe custody with the consent of the Sultan of Perak under Section 348 of the Criminal Procedure Code.
In delivering the decision, Nordin said the case presented circumstances that justified departing from the usual legal approach concerning the calling of a defence.
“This is a case that is different from the usual legal principle concerning the calling of a defence when there is no prima facie case.
“Therefore, we are of the view that this is an appropriate case for us to exercise our discretion to allow the appeal and the defence should not be called under these circumstances.
“However, we will make an order for the accused in this case to be placed in safe custody with the consent of the Sultan (of Perak) under Section 348 of the Criminal Procedure Code,” he said.
Kar Foong, 55, was charged with murdering his father, Pang Ket Tai, 75, at their home in Jalan Besar, Kampung Baru Gunung Rapat, Ipoh, between 10.30am and 6.30pm on September 12, 2020.
The case took a different course after the Ipoh High Court in September 2024 acquitted Kar Foong without calling him to enter his defence.
High Court judge Abdul Wahab Mohamed had found that Kar Foong had killed his father but was of unsound mind when he committed the act and was therefore incapable of understanding the nature and consequences of what he had done.
The court's finding was based on Section 84 of the Penal Code, which provides that an act is not an offence when it is committed by a person who, because of unsoundness of mind, is incapable of knowing the nature of the act or that it is wrong or contrary to law.
Despite the acquittal, the High Court ordered Kar Foong to be detained at Hospital Bahagia Ulu Kinta with the consent of the Sultan of Perak under Section 348(2) of the Criminal Procedure Code.
The prosecution subsequently appealed, and in September 2025, the Court of Appeal overturned the High Court's decision and ordered Kar Foong to enter his defence.
Today's Federal Court ruling restores the position reached by the High Court, while retaining the order for his secure detention.
Kar Foong was represented by lawyers Gurbachan Singh and Gobindeep Singh, while Mohd Fuad Abdul Aziz appeared for the prosecution.
The case stemmed from the discovery of Ket Tai's body on September 12, 2020. The grocery shopkeeper was found lying in a pool of blood at the house with injuries to his face, neck and head.
Kar Foong was found beside his father and did not attempt to flee before his arrest.
Investigations subsequently indicated that the fatal confrontation followed repeated arguments between the two, with Kar Foong reportedly being scolded by his father for failing to heed his instructions.
Kar Foong had no previous criminal record but had a history of receiving treatment for mental illness dating back about 20 years. - August 26, 2026
