Justice for Yap Shing Xuen: Call for an Appeal and a Thorough Review of the Section 84 Acquittal

 

To: The Attorney General’s Chambers, Public Prosecutor, and relevant authorities in Malaysia

 

We, the undersigned, stand in solidarity with the family of Yap Shing Xuen, the 16-year-old student who tragically lost her life in the incident at SMK Bandar Utama Damansara (4) on 14 October 2025.

 

We respect the rule of law and recognise that mental illness must be treated seriously and compassionately. However, we are deeply concerned by the High Court’s decision on 14 September 2026 to acquit the 15-year-old accused on the grounds of unsoundness of mind under Section 84 of the Penal Code.

 

Our concern is not about denying mental illness or stigmatising people with schizophrenia.

 

Our concern is whether the legal threshold for Section 84 was correctly applied.

 

A diagnosis of schizophrenia, by itself, does not automatically establish legal insanity. Section 84 concerns the accused’s mental capacity at the time of the act — specifically, whether, because of unsoundness of mind, the person was incapable of knowing the nature of the act or that the act was wrong or contrary to law.

 

Given the gravity of this case and the irreversible loss suffered by the victim’s family, we believe the judgment deserves the fullest possible judicial scrutiny.

 

We therefore respectfully call upon the Public Prosecutor to:

 

1. Carefully consider filing an appeal against the High Court’s acquittal within the applicable legal time limit.

 

2. Request the appellate courts to independently review whether the requirements of Section 84 were properly applied to the facts and evidence of this case.

 

3. Ensure that all relevant evidence is properly considered, including the accused’s conduct before, during and after the incident, the circumstances surrounding the offence, and all available psychiatric and forensic evidence.

 

4. Ensure that the psychiatric evidence is assessed not merely on the existence of a diagnosis, but on whether the evidence establishes the specific legal incapacity required by Section 84 at the precise time of the offence.

 

5. Give due consideration to the rights, dignity and legitimate concerns of the victim’s family, as well as the need to protect public safety.

 

6. If an appeal is pursued, ensure that the proceedings are conducted transparently and in accordance with Malaysian law, with appropriate safeguards for the accused as required by law.

 

This is not a call for revenge.

 

We are not asking the authorities to ignore mental illness.

 

We are not asking for anyone to be punished simply because they have a psychiatric diagnosis.

 

We are asking for something much simpler:

 

A thorough and independent judicial review of a decision involving the loss of a 16-year-old girl’s life.

 

If the appellate courts ultimately conclude that the Section 84 defence was correctly established, we will respect that decision.

 

But the victim’s family deserves to know that every relevant legal and evidential question has been properly examined, and that the decision has been tested at the appropriate appellate level.

 

Yap Shing Xuen cannot be brought back.

 

But we can stand with her family, ask difficult questions respectfully, and ensure that her death is not forgotten.

 

Our Appeal

 

We stand with the family of Yap Shing Xuen.

 

We call upon the Public Prosecutor to consider an appeal.

 

We call for a rigorous review of the Section 84 finding.

 

We call for justice, accountability, due process, and public safety.

 

Justice for Yap Shing Xuen.

 

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Please sign and share this petition to show your support for the victim’s family and for a thorough judicial review.