TAWAU: The 10th accused in the murder trial of Kolej Vokasional Lahad Datu student Mohamad Nazmie Aizzat Mohd Narul Azwan told the High Court here that he saw the victim being scolded and pushed while in Dormitory 5 Belian.
However, the accused, who is also the 12th defence witness, said he was unable to identify the students involved as the dormitory was dark at the time.
"I also tried to push the victim ... but missed,” he said in his witness statement during the proceedings on Monday (April 14) before Justice Datuk Duncan Sikodol.
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A total of 13 male students, aged between 16 and 19, have been charged with murdering 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 last year.
They were charged under Section 302 of the Penal Code, which carries the death penalty, or imprisonment of between 30 and 40 years and a maximum of 12 strokes of the cane, upon conviction.
The witness also stated that the last time he saw Nazmie Aizzat was when he tried to check the victim’s pulse in Dormitory 7 Belian.
"Around 3am, the fifth accused woke me up to check on the victim in Dormitory 7 Belian. I saw him lying down and noted that he was still breathing. I then checked his pulse,” he said.
During cross-examination by DPP Batrisyia Mohd Khusri, the 10th accused told the court that he checked the victim’s pulse because someone had mentioned that he was unconscious.
Batrisyia: Who said that?
Witness: I don’t remember.
Batrisyia: If it is true that (the victim) still had a pulse, how did you feel after checking it?
Witness: As though he was asleep, like a normal person.
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The 10th accused, however, disagreed with the prosecution's suggestion that he checked Nazmie Aizzat's pulse out of concern, having previously assaulted the victim.
Earlier, he agreed with Batrisyia’s assertion that he was close friends with Nazmie Aizzat but admitted feeling upset with him over the alleged theft involving the third and fourth accused’s money.
DPPs Nur Nisla Abdul Latif and Ng Juhn Tao also appeared for the prosecution.
Eight of the 13 juveniles are represented by lawyers Datuk Ram Singh, Kamarudin Mohmad Chinki and Chen Wen Jye, while the remaining five are represented by Mohamed Zairi Zainal Abidim, Abdul Ghani Zelika, Vivian Thien, Jhesseny P. Kang and Kusni Ambotuwo.
The trial resumes later on Monday. – Bernama
