TAWAU: All 13 Lahad Datu Vocational College (KVLD) students charged with the murder of colleague Nazmie Aizzat Mohd Narul Azwan, 17, last year, were found guilty by the High Court, here, Friday.
Judge Datuk Duncan Sikodol delivered the verdict after ruling that the prosecution had succeeded in proving its case beyond reasonable doubt, finding all guilty under Section 302 of the Penal Code, read together with Section 34, for murder.
However, sentencing has been fixed for Aug. 28, 2025, pending the probation reports of all 13 accused to be prepared by officers of the Lahad Datu Social Welfare Department, as required under Section 90(12) of the Child Act 2001.
In his brief judgment, Duncan noted that the defence presented by the accused amounted to a mere denial, while their testimonies during the defence stage largely involved blaming one another and attempting to downplay their respective roles.
He said medical evidence also did not support their claims, confirming instead that the biotechnology student’s many injuries were inflicted by multiple individuals, not just one.
“This incident was not an isolated occurrence but rather carried out in a deliberate and prolonged manner with common intent, proven when the second accused (A2) knew of and aggravated the attack already carried out by the other 12,” he said.
He said the suggestion by the defence that the accused merely intended to teach the deceased a lesson and did not know the injuries would, in the ordinary course of nature, cause death and therefore fall under Section 299 of the Penal Code, is equally without basis.
He said under Section 300(c) of the Penal Code, the question was not whether there was an intention to kill, but whether bodily injuries were intentionally inflicted that were sufficient in the ordinary course of nature to cause death.
Judge Duncan also dismissed a suggestion by the defence that Mohamad 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, but only a possibility.
On Feb. 28 this year, the court ordered all 13 to enter their defence after the prosecution successfully established a prima facie case.
Twenty five witnesses testified and more than 200 exhibits were tendered during the full trial, which began on Nov. 19, 2024, before the prosecution closed its case on Dec. 9, 2024.
The defence proceedings, which lasted seven days from March 10, concluded on April 15 with 18 witnesses called, including all 13 accused.
The students, aged between 16 and 19, were charged under Section 302 of the Penal Code with murdering Mohamad Nazmie Aizzat between 9pm on Mar 21 and 7.38am on Mar 22, 2024, at KVLD.
The prosecution team was led by Deputy Public Prosecutor (DPP) Nur Nisla Abd Latif, assisted by DPP Ng Juhn Tao and DPP Batrisyia Mohd Khusri.
Eight of the 13 were represented by lawyers Kamarudin Mohmad Chinki, Datuk Ram Singh and Chen Wen Jye (accused 1, 3, 4, 8, 10, 11, 12 and 13).
The remaining five were represented by lawyers Abdul Ghani Zelika (A5), Vivian Thien (A6), Jhesseny P. Kang (A7), Kusni Ambotuwo (A9) and Mohamed Zairi Zainal Abidin (A2).
A police truck transporting the accused arrived at the Tawau Court complex around 8.25am, while their families arrived earlier.
However, the court only allowed one representative from each of the accused’s families to enter the public gallery to follow the proceedings.
Also present was the victim’s mother, Siti Hamidah Jumari, 45, who attended the proceedings with other family members.
Judge Datuk Duncan Sikodol delivered the verdict after ruling that the prosecution had succeeded in proving its case beyond reasonable doubt, finding all guilty under Section 302 of the Penal Code, read together with Section 34, for murder.
However, sentencing has been fixed for Aug. 28, 2025, pending the probation reports of all 13 accused to be prepared by officers of the Lahad Datu Social Welfare Department, as required under Section 90(12) of the Child Act 2001.
In his brief judgment, Duncan noted that the defence presented by the accused amounted to a mere denial, while their testimonies during the defence stage largely involved blaming one another and attempting to downplay their respective roles.
He said medical evidence also did not support their claims, confirming instead that the biotechnology student’s many injuries were inflicted by multiple individuals, not just one.
“This incident was not an isolated occurrence but rather carried out in a deliberate and prolonged manner with common intent, proven when the second accused (A2) knew of and aggravated the attack already carried out by the other 12,” he said.
He said the suggestion by the defence that the accused merely intended to teach the deceased a lesson and did not know the injuries would, in the ordinary course of nature, cause death and therefore fall under Section 299 of the Penal Code, is equally without basis.
He said under Section 300(c) of the Penal Code, the question was not whether there was an intention to kill, but whether bodily injuries were intentionally inflicted that were sufficient in the ordinary course of nature to cause death.
Judge Duncan also dismissed a suggestion by the defence that Mohamad 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, but only a possibility.
On Feb. 28 this year, the court ordered all 13 to enter their defence after the prosecution successfully established a prima facie case.
Twenty five witnesses testified and more than 200 exhibits were tendered during the full trial, which began on Nov. 19, 2024, before the prosecution closed its case on Dec. 9, 2024.
The defence proceedings, which lasted seven days from March 10, concluded on April 15 with 18 witnesses called, including all 13 accused.
The students, aged between 16 and 19, were charged under Section 302 of the Penal Code with murdering Mohamad Nazmie Aizzat between 9pm on Mar 21 and 7.38am on Mar 22, 2024, at KVLD.
The prosecution team was led by Deputy Public Prosecutor (DPP) Nur Nisla Abd Latif, assisted by DPP Ng Juhn Tao and DPP Batrisyia Mohd Khusri.
Eight of the 13 were represented by lawyers Kamarudin Mohmad Chinki, Datuk Ram Singh and Chen Wen Jye (accused 1, 3, 4, 8, 10, 11, 12 and 13).
The remaining five were represented by lawyers Abdul Ghani Zelika (A5), Vivian Thien (A6), Jhesseny P. Kang (A7), Kusni Ambotuwo (A9) and Mohamed Zairi Zainal Abidin (A2).
A police truck transporting the accused arrived at the Tawau Court complex around 8.25am, while their families arrived earlier.
However, the court only allowed one representative from each of the accused’s families to enter the public gallery to follow the proceedings.
Also present was the victim’s mother, Siti Hamidah Jumari, 45, who attended the proceedings with other family members.
