KUALA LUMPUR: The step-brother of a lorry driver, who is charged with having unnatural sex, wanted the court to return the bail that he posted as he found it difficult to drive the accused from his house in Kelantan to attend the court hearing here.

The 40-year-old man, who lives in Putrajaya, also claimed that the accused suffered from mental illness.

The 46-year-old accused claimed trial to the charge of performing unnatural sex act on his 11-year-old niece at a house in Gombak Setia Sentul on July 3, 2008.

He is being charged under Section 377 of the Penal Code for carnal intercourse against the order of nature and could be sentenced up to 20 years' jail and whipped if found guilty.

The step-brother who works for a government department told the Sessions Court yesterday that he wanted to withdraw his RM10,000 bail.

The step-brother said he had to drive the accused from Kelantan to Kuala Lumpur each time there was a court proceeding.

Judge Fathiyah Idris asked why the family did not inform the court about the accused's mental problems earlier.

"If he has mental problems, he should go to a mental institution," Fathiyah said on the first day of the hearing yesterday.

When she asked the accused's wife when her husband started having mental problems, the 38-year-old replied: "He has been like this since 2005."

Fathiyah allowed the step-brother's application and ordered the accused to be sent to Hospital Bahagia for a month's observation. She fixed April 22 for mention of the case.

The accused's wife later told reporters that her husband talked to himself but refused to seek medical treatment.