TAWAU: A student from the Lahad Datu Vocational College testified at the Tawau High Court today that he witnessed 10 accused individuals punching and kicking Mohamad Nazmie Aizzat Mohd Narul Azwan in dormitory room 5 Belian on the night of March 21.
The 12th prosecution witness, who is also the victim’s friend, said the first, third, fourth, fifth, sixth, eighth, ninth, 10th, 11th, and 13th accused surrounded the victim and assaulted him while he was lying down.
“At the time, I was on the 12th accused’s bed, using my phone. The distance between the bed and the incident was not very far,“ he said during the examination-in-chief by Deputy Public Prosecutor Ng Juhn Tao in the murder trial of Mohamad Nazmie Aizzat before Judge Datuk Duncan Sikodol.
Thirteen students aged 16 to 19 are jointly charged with murdering 17-year-old Mohamad Nazmie Aizzat in dormitory rooms 7 Resak and 5 Belian at Lahad Datu Vocational College between 9 pm on March 21 and 7.38 am on March 22.
The charge, framed under Section 302 of the Penal Code read with Section 34, provides for the death penalty or imprisonment of 30 to 40 years and up to 12 strokes of the cane, upon conviction.
The witness stated that the victim was brought into dormitory room 5 Belian by 10 accused along with the seventh and 12th accused at about 10 pm. However, the witness was unsure of the actions of the seventh and 12th accused.
The witness said after the incident, the victim left room 5 Belian and returned to dormitory room 7 Resak to bathe but was later brought back to room 5 Belian, where the ninth accused punched his arm before the first accused intervened.
“A one-on-one fight occurred between the 11th accused and the victim in the middle of the room before the second accused arrived and inquired about the situation. The first accused explained that the victim had stolen RM50 from the third accused and RM30 from the fourth accused.
“The second accused then ordered everyone out except for the 12th accused and another student. He locked the room and turned off the lights,“ said the witness, who later heard sounds of something hitting the bed and a metal locker before the first and second accused escorted the victim out of the room.
Meanwhile, the 11th prosecution witness testified that he saw the first and fifth accused assaulting the victim in dormitory room 5 Belian at 11 pm as he passed by the room on his way to the bathroom.
The witness said that he also saw the victim in dormitory room 7 Belian when the second accused was carrying him into the room. The first, fifth, and 11th accused were also present.
“At that time, I saw Mohamad Nazmie Aizzat in a weakened state, wrapped in a towel. While lying down, he appeared cold, so I, along with the first, fifth, and 11th accused, covered him with a blanket and dressed him in a shirt belonging to the first accused.
“I also noticed bruises on the left side of his ribs and a blue mark on his left ear,“ he said, adding that he observed the victim appeared to be sleeping when he woke up for the pre-dawn meal the next morning.
The prosecution team comprises Deputy Public Prosecutors Ng Juhn Tao, Nur Nisla Abd Latif, and Batrisyia Mohd Khusri.
Eight of the 13 teenagers are represented by lawyers Datuk Ram Singh, Kamarudin Mohmad Chinki, and Chen Wen Jye, while the other five are represented by Mohamad Zairi Zainal Abidin, Abdul Ghani Zelika, Vivian Thien, Jhesseny P Kang, and Kusni Ambotuwo.
The trial continues tomorrow.
