TAWAU: Two accused in the murder trial of Kolej Vokasional Lahad Datu student Mohamad Nazmie Aizzat Mohd Narul Azwan, also known as Ijat, claimed at the High Court today that they were coerced into making confessions about assaulting the victim.
The fifth accused, testifying before Judge Datuk Duncan Sikodol, said a disciplinary teacher at the college, identified as ‘Cikgu Firdaus,’ handed him an A4 sheet of paper and instructed him to write his confession.
During cross-examination, the accused, who is also the first defence witness, agreed with a question posed by defence counsel Datuk Kamarudin Mohmad Chinki that the teacher had forcibly obtained his written confession.
Kamarudin: Did Cikgu Firdaus give you an A4 sheet to write your confession regarding the victim’s death?
Fifth accused: Yes.
Kamarudin: I put it to you that the statement you wrote on the A4 paper was made under coercion and not of your own free will. Do you agree?
Fifth Accused: I agree.
Meanwhile, the seventh accused, who testified as the second defence witness, told the court that he was forced by a police officer recording his statement at the police station to confess to assaulting the victim.
When questioned by defence counsel Datuk Ram Singh on why he made the confession despite not having assaulted the victim, the seventh accused said he was intimidated by the investigating officer.
Ram: How were you intimidated?
Seventh Accused: If I didn’t say it, they would punch me.
Ram: Who do you mean by “they”?
Seventh Accused: The investigating police officers.
Ram: Did the officer punch you?
Seventh Accused: Almost.
All the accused are 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.
Deputy public prosecutors Nur Nisla Abdul Latif, Ng Juhn Tao, and Batrisyia Mohd Khusri appeared for the prosecution.
Eight of the 13 juveniles accused are represented by counsels Ram Singh, Datuk Kamarudin Mohmad Chinki, 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.
On Feb 28, Judge Datuk Duncan Sikodol ordered the 13 teenagers, aged 16 to 19, to enter their defence against 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.
