KOTA KINABALU: The 13 male students of Kolej Vokasional Lahad Datu jointly charged with the murder of their collegemate have been found guilty.
Tawau High Court judge Justice Datuk Duncan Sikodol delivered the verdict on Friday (Aug 22) and fixed sentencing for Aug 28, pending reports on all 13 accused from the Lahad Datu Social Welfare Department.
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The court found them all guilty of murder under Section 302 of the Penal Code, read with Section 304, as the prosecution had proven its case beyond a reasonable doubt.
They were charged with murdering Mohamad Nazmie Aizzat Mohd Narul Azwan between 9pm on March 21 and 7.38am on March 22 last year.
In delivering his judgment, Justice Sikodol said the medical evidence showed injuries inflicted on the victim severe enough to cause death.
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During the trial, the defence counsel argued that the accused did not intend to kill the victim but only teach him a lesson because they thought he had stolen from one of them.
Their argument of provocation was deemed inapplicable by the court as the attack on the victim was repeated and prolonged, not spontaneous.
Justice Sikodol also dismissed the defence suggestion that Nazmie Aizzat might have survived if he had been given immediate medical attention, on the basis that expert testimonies did not confirm this as a certainty, only a possibility.
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The 13 accused were first charged at the Lahad Datu Magistrate's Court on April 2 last year before the case was transferred to the High Court.
They pleaded not guilty when they were charged on Aug 13 last year.
A total of 18 witnesses were called to testify throughout the trial, which began in November.
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Nazmie Aizzat was found unconscious on the floor of a dormitory in the college at about 6.50am on March 22 last year.
He was pronounced dead at the scene by a medical team after the college alerted the police.
Lahad Datu OCPD Asst Comm Dr Rohan Shah Ahmad said there were injuries and bruises on the victim’s body.
The incident led to the 13 accused being arrested and remanded for further investigation before they were charged in court.
