PUTRAJAYA: The Court of Appeal directed two teenagers to enter their defence over the murder of seven-year-old Mohammad Aimin Nurul Amin at a tahfiz centre five years ago.
The three-judge panel led by Justice Datuk Ahmad Zaidi Ibrahim made the order on Monday (Aug 12) after allowing the prosecution's appeal to overturn a High Court decision.
On March 6, 2023, the High Court amended the initial murder charge to culpable homicide not amounting to murder and ordered the teenagers to enter their defence.
In Monday's proceedings, Justice Ahmad Zaidi said that based on the evidence presented – particularly the testimonies of an eyewitness and the pathologist – the Court found that the prosecution had successfully established a prima facie case against the teenagers.
He said the prosecution had also established the element of intent to commit murder.
He then ordered the two teenagers to enter their defence before the same Judicial Commissioner, Roslan Mat Nor, at the Temerloh High Court in Pahang.
Ahmad Zaidi, who presided alongside Datuk Azmi Ariffin and High Court Judge Datuk Noorin Badaruddin, scheduled Aug 19 for mention in the High Court.
The teenagers, aged 13 at the time, are accused of killing Mohammad Aimin at the dormitory of the Maahad Tahfiz Nahdah Syubban Addiniyah in Kampung Kuala Kaung in Lanchang, Temerloh, Pahang, between 11.30am and 1.30pm on Nov 7, 2019.
On March 6, last year, Judicial Commissioner Roslan ruled that the prosecution had failed to prove the element of intent to commit murder and hence amended the charge to culpable homicide not amounting to murder.
Subsequently, the teenagers decided to plead guilty to the charge of culpable homicide not amounting to murder.
The High Court ordered their detention at Henry Gurney School for three years, effective March 6, 2023.
The prosecution then filed an appeal at the Court of Appeal.
The Judicial Commissioner's findings of fact indicated that the teenagers assaulted the victim in the dormitory. They punched the victim in the stomach, stomped on his stomach and threw him onto the floor.
Deputy Public Prosecutor Khairul Aisamuddin Abdul Rahman appeared for the prosecution while the teenagers were represented by Amer Hamzah Arshad, Joshua Tay H'ng Foong, and Lee Yee Woei. – Bernama
