By The Borneo Post onSabah
The Tawau Court building.
TAWAU (Apr 14): The High Court was told Monday that Mohamad Nazmie Aizzat Mohd Narul Azwan, also known as Ijat, who died at Kolej Vokasional Lahad Datu, had admitted to stealing money to buy a pair of shoes.
The 11th accused in the ongoing murder trial stated in his witness testimony that he became aware of the matter after Ijat personally confessed and promised not to steal again.
“While we were in the room, I learned that the victim had admitted to stealing money from the third and fourth accused. Present in the room at the time were the first, third, fourth, fifth, sixth, seventh, eighth, ninth, 10th, 12th, and 13th accused, as well as several other students whose identities I did not know. I saw him being pushed, but I could not identify who started it.
“I pushed him too. Later, I sat in front of him and asked why he stole the money. He replied that he wanted to buy shoes and promised not to steal again,” he said in his witness statement during the murder trial before Judge Datuk Duncan Sikodol.
A total of 13 male students, aged between 16 and 19, have been charged with murdering Mohamad Nazmie Aizzat, 17, in Dormitories 7 Resak and 5 Belian at Kolej Vokasional Lahad Datu between 9.00 pm on March 21 and 7.38 am on March 22.
They were charged under Section 302 of the Penal Code, which carries the death penalty or imprisonment of 30 to 40 years, along with a maximum of 12 strokes of the cane upon conviction.
The 11th accused, who is also the 13th defence witness, told the court that he engaged in a one-on-one fight with Ijat in Dormitory Room 5 Belian.
“He was the one who proposed settling the matter through a one-on-one fight. He chose to fight me. He struck me on the left rib and I fell in pain and conceded,” he said.
During cross-examination by deputy public prosecutor (DPP) Batrisyia Mohd Khusri, the accused disagreed with the suggestion that he had repeatedly assaulted the victim.
In re-examination by counsel Kamarudin Mohmad Chinki, the 11th accused told the court that Mohamad Nazmie Aizzat was still physically strong following their one-on-one fight.
Earlier, the 10th accused testified that he saw the victim being scolded and pushed while in Dormitory 5 Belian.
However, the accused, who is also the 12th defence witness, said he was unable to identify the students involved as the dormitory was dark at the time.
“I also attempted to push the victim on the shoulder but missed,” he said in his witness statement.
The 10th accused also stated that the last time he saw Mohamad Nazmie Aizzat was when he attempted to check the victim’s pulse in Dormitory 7 Belian.
“Around 3 am, the fifth accused woke me up to check on the victim in Dormitory 7 Belian. I saw him lying down and noted that he was still breathing. I then checked his pulse,” he said.
During cross-examination by Batrisyia, the 10th accused told the court that he checked the victim’s pulse because someone had mentioned that he was unconscious.
Batrisyia: Who said that?
Witness: I don’t remember.
Batrisyia: If it is true that Ijat still had a pulse, how did you feel after checking it?
Witness: As though he was asleep, like a normal person.
The 10th accused, however, disagreed with the prosecution’s suggestion that he checked Ijat’s pulse out of concern, having previously assaulted the victim.
Earlier, the 10th accused agreed with Batrisyia’s assertion that he was close friends with Mohamad Nazmie Aizzat but admitted feeling upset with him over the alleged theft involving the third and fourth accused’s money.
Apart from Batrisyia, DPPs Nur Nisla Abdul Latif and Ng Juhn Tao appeared for the prosecution as well.
Eight of the 13 juveniles are represented by lawyers Datuk Ram Singh, Kamarudin Mohmad Chinki and Chen Wen Jye, while the remaining five are represented by Mohamed Zairi Zainal Abidim, Abdul Ghani Zelika, Vivian Thien, Jhesseny P. Kang and Kusni Ambotuwo.
The trial resumes today (April 15). – Bernama
