TAWAU: The third accused in the murder case of Kolej Vokasional Lahad Datu student Mohamad Nazmie Aizzat Mohd Narul Azwan, also known as Ijat, told the High Court here Thursday (March 13) that he did not personally see the victim stealing his money or that of the fourth accused.
The ninth defence witness (who cannot be named because he is a juvenile), during cross-examination by Deputy Public Prosecutor Nur Nisla Abdul Latif, also informed the court that no one had witnessed the victim stealing the said money.
During the trial before Judge Datuk Duncan Sikodol, the third accused also agreed with Nur Nisla’s suggestion that the missing money belonged to him and the fourth accused.
Nur Nisla: Do you agree that when you saw Mohamad Nazmie Aizzat handing over the missing amount of money to the fifth accused, you were angry?
Third accused: I do not agree (that I was angry), I was shocked.
Earlier, in his witness statement, the third accused said that the first and fifth accused had searched for the victim and another student to ask about the theft incident.
He said that the first accused later informed him that both the victim and the other student denied stealing the money.
"But in Dormitory 7 Resak, I saw the fifth accused talking to the victim, after which the victim took out RM50 from his trouser pocket and RM27 from his notebook and handed them over to the fifth accused. The fifth accused then gave the money to me," he added.
On Feb 28, Judge Duncan ordered 13 male students, aged 16 to 19, who were jointly charged with murdering Mohamad Nazmie Aizzat, 17, in the dormitory rooms 7 Resak and 5 Belian, Kolej Vokasional Lahad Datu between 9pm on March 21, 2024, and 7.38am on March 22, 2024, to enter their defence.
All 13 students were charged under Section 302 of the Penal Code, read together with Section 34, which provides for the death penalty, or imprisonment of 30 to 40 years and up to 12 strokes of the cane, upon conviction.
Apart from Nur Nisla, the prosecution team also includes DPPs Ng Juhn Tao and Batrisyia Mohd Khusri.
Eight of the 13 students are represented by lawyers Kamarudin, Ram Singh 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.
The trial resumes today. - Bernama
