Lahad datu: The High Court here today found the 13 male students of Lahad Datu Vocational College guilty of causing the death of fellow student Mohamad Nazmie Aizzat Mohd Narul Azwan, 17, last year.
According to BERNAMA News Agency, Judge Datuk Duncan Sikodol ruled the teenagers guilty under Section 302 of the Penal Code after finding the prosecution had proven the case beyond a reasonable doubt. However, he fixed August 28 for the sentencing, pending their behavioural reports from the Lahad Datu Social Welfare Department as required under Section 90(12) of the Child Act 2001.
At the close of the defence, the explanations offered by the accused were found inconsistent with the evidence and contradicted by independent witnesses. Judge Duncan stated that the court was satisfied beyond a reasonable doubt that the 13 accused, acting in concert and sharing a common intention, caused the death of the deceased. The prosecution had successfully discharged its burden.
The judge dismissed the defence's suggestion that the accused only intended to teach the deceased a lesson. He clarified that under Section 300(c) of the Penal Code, the issue was whether bodily injuries intentionally inflicted were sufficient to cause death, not whether there was an intention to kill.
Medical evidence established the injuries were indeed sufficient to cause death. Judge Duncan rejected the defence of provocation, noting it was a prolonged assault and not a sudden loss of self-control. He also dismissed the defence's suggestion that immediate medical attention could have saved the victim, as expert testimonies indicated it was only a possibility, not a certainty.
The prosecution team included deputy public prosecutors Nur Nisla Abdul Latif, Ng Juhn Tao, and Batrisyia Mohd Khusri. Eight of the teenagers were represented by lawyers Datuk Ram Singh, Kamarudin Mohmad Chinki, and Chen Wen Jye, while the remaining five were represented by lawyers Mohamed Zairi Zainal Abidin, Abdul Ghani Zelika, Vivian Thien, Jhesseny P Kang, and Kusni Ambotuwo.
On February 28, Judge Duncan ordered the students to enter their defence for the charge of murdering Mohamad Nazmie Aizzat in the dormitory rooms at the Lahad Datu Vocational College between March 21 and 22, 2024. The charge, under Section 302 of the Penal Code, carries the death penalty or up to 40 years' imprisonment and not more than 12 strokes of the cane, if convicted.
The defence proceedings began on March 10, with 18 witnesses, including all 13 accused, called to testify. The prosecution had earlier opened its case on November 19 last year, calling 25 witnesses, including students and teachers from the vocational college.