TAWAU, March 12 (Bernama) -- The second accused in the murder trial of Kolej Vokasional Lahad Datu student, Mohamad Nazmie Aizzat Mohd Narul Azwan, also known as Ijat, admitted in the High Court today that he slapped the victim’s face, struck his shoulder, kicked him, and stepped on his waist at the 5 Belian dormitory room.
The seventh defence witness claimed that his actions were intended to extract answers from the victim regarding a theft case reported by two students - the first accused and another unidentified student.
“When I entered 5 Belian room, I saw the victim sitting on the floor in the middle of the room, surrounded by many people. I then asked everyone to leave so I could be alone with him. Once they had left, I asked if the theft allegations were true.
“I told him to stand up and answer my questions. At that time, he did not confess, and his response made me angry, so I slapped him in the face, causing him to fall by the locker. I then picked him up and repeated my question, but he still did not confess,” he testified in the trial before Judge Datuk Duncan Sikodol.
On Feb 28, Judge Duncan ordered 13 male students, aged 16 to 19, who were jointly charged with murdering Mohamad Nazmie Aizzat, 17, in the dormitory room 7 Resak and 5 Belian, Kolej Vokasional Lahad Datu between 9 pm on March 21, 2024, and 7.38 am on March 22, 2024, to enter their defence.
The teenager said he also struck Mohamad Nazmie on the shoulder, kicked him in the waist - causing him to fall - and then stepped on his waist to prevent him from getting up. Shortly after, another student opened the door to the 5 Belian dormitory, and the victim was taken to the toilet to clean himself.
Meanwhile, when answering questions from deputy public prosecutor (DPP) Nur Nisla Abdul Latif, the second accused admitted that the victim did not retaliate during the assault and had only tried to protect himself.
Nur Nisla: I put it to you that Ijat begged you to stop, saying he couldn’t take it anymore.
Second accused: Yes, after the door was opened.
Nur Nisla: Do you agree that, at that point, Ijat still refused to admit to the theft?
Second accused: Eventually, he confessed.
When questioned by lawyer Mohamed Zairi Zainal Abidin, the second accused said that his initial intention was to investigate the theft incident. However, when the victim denied any involvement, he became overwhelmed by emotion and anger.
All 13 students were charged under Section 302 of the Penal Code, read together with Section 34, which provides for the death penalty, or imprisonment of 30 to 40 years and up to 12 strokes of the cane, upon conviction.
Apart from Nur Nisla, the prosecution team also includes DDPs Ng Juhn Tao and Batrisyia Mohd Khusri.
Eight of the 13 students are represented by lawyers Kamarudin, Ram Singh and Chen Wen Jye, while the remaining five are represented by Mohamed Zairi Zainal Abidin, Abdul Ghani Zelika, Vivian Thien, Jhesseny P. Kang, and Kusni Ambotuwo.
The trial resumes tomorrow.
-- BERNAMA
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