TAWAU: The sixth accused in the murder of Kolej Vokasional Lahad Datu student, Mohamad Nazmie Aizzat Mohd Narul Azwan, also known as Ijat, admitted before the High Court today that he had punched and kicked the victim in the 5 Belian dormitory room out of frustration over the victim’s actions.
The teenager, who is the eighth defence witness, said his frustration stemmed from the victim’s alleged theft of money from other students, despite their close friendship.
“I was disappointed,“ he said during examination-in-chief by defence counsel Vivian Thien in the trial before Judge Datuk Duncan Sikodol.
In his witness statement, the sixth accused admitted to punching the victim’s back and kicking his thigh.
On Feb 28, the court ordered 13 teenagers, aged 16 to 19, to enter their defence on charges of jointly murdering Mohamad Nazmie Aizzat at Kolej Vokasional Lahad Datu between 9.00 pm on March 21 and 7.38 am on March 22 last year.
During cross-examination by defence counsel Datuk Ram Singh, the sixth accused informed the court that he had apologised to Mohamad Nazmie Aizzat after assaulting him.
Ram Singh: Why didn’t you help Ijat? Sixth accused: I was truly disappointed.
In response to a question from defence counsel Kamarudin Mohmad Chinki, the sixth accused said that despite being punched and kicked, Mohamad Nazmie Aizzat remained strong and was still able to walk.
Meanwhile, the sixth accused also agreed with a suggestion from deputy public prosecutor (DPP) Ng Juhn Tao that he had not personally witnessed the victim stealing money from the third and fourth accused.
All the accused 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.
DPPs Nur Nisla Abdul Latif, Juhn Tao, and Batrisyia Mohd Khusri appeared for the prosecution.
Eight of the 13 juveniles are represented by lawyers Ram Singh, Kamarudin Mohmad Chinki, and Chen Wen Jye, while the remaining five are represented by Mohamed Zairi, Abdul Ghani Zelika, Vivian Thien, Jhesseny P. Kang, and Kusni Ambotuwo.
