TAWAU: The ninth accused in the murder trial of Kolej Vokasional Lahad Datu student Mohamad Nazmie Aizzat Mohd Narul Azwan, also known as Ijat, testified before the High Court that he had been incited to assault the victim.
The teenager, who is also the third defence witness, said that the individual who instigated him was a fellow student at the college, identified as the 19th prosecution witness.
"He pulled me aside and said he wanted to see me hit him. Then, he pushed me to do it. At that time, Ijat was shielding his face and I hesitated to strike.
"I only hit Ijat's right arm twice and my blows were not forceful," he testified during the proceedings before Judge Datuk Duncan Sikodol on Tuesday (March 11).
A total of 13 male students aged from 16 to 19 have been charged with murdering Mohamad Nazmie Aizzat, 17, in Dormitories 7 Resak and 5 Belian at Kolej Vokasional Lahad Datu between 9pm on March 21 and 7.38am on March 22 in 2024.
They 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.
In his testimony, the ninth accused informed the court that he also witnessed the 19th prosecution witness kicking Mohamad Nazmie Aizzat in the waist, causing him to be thrown a significant distance.
During cross-examination by defence counsel Datuk Ram Singh, the ninth accused said he had no intention of assaulting Mohamad Nazmie Aizzat but had been incited to do so.
He further disagreed with Deputy Public Prosecutor Ng Juhn Tao's assertion that he had struck Ijat of his own volition rather than being influenced by the 19th prosecution witness.
Ng: "You saw your friends hitting Ijat and you joined in as well. Do you agree?"
Ninth accused: "I do not agree".
Ng: "You implicated the 19th prosecution witness in assaulting Ijat because he was not your friend and was not in the same batch as you. Do you agree?"
Ninth accused: "I do not agree".
The ninth accused also denied Ng's suggestion that he had repeatedly struck the victim's shoulders and arms and also kicked him multiple times.
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 Zainal Abidin, Abdul Ghani Zelika, Vivian Thien, Jhesseny P. Kang, and Kusni Ambotuwo. – Bernama
