TAWAU: Another accused in the murder of Lahad Datu Vocational College (KVLD) Biotech student admitted to hitting the deceased twice out of frustration over the victim’s actions.
The sixth accused (OKT6), who testified as the eighth defence witness, told the High Court on Thursday that he acted out of deep disappointment upon discovering that the deceased, who was his close friend Mohamad Nazmie Aizzat Mohd Narul Azwan, also known as Ijat, had stolen money.
He made this statement during cross-examination by defence counsel Datuk Ram Singh on the fourth day of the defence hearing before Judge Datuk Duncan Sikodol.
Ram: Yesterday, you heard OKT2’s testimony, where he said, “I know what I did.” Can you tell the court what you did on the day of the incident?
OKT6: I hit him.
Ram: Just hit?
OKT6: I hit and kicked.
Ram: What else did you do on that day?
OKT6: That’s all.
Ram: You said you were disappointed with Ijat because you were close friends?
OKT6: Yes.
Ram: What did you do after you saw Ijat being beaten?
OKT6: After I hit him, I apologised.
Ram: Before you apologised and after you hit Ijat, how did you feel at that moment?
OKT6: Disappointed.
Ram: Why didn’t you help Ijat at that time?
OKT6: Because I was truly disappointed.
The accused, who had been enrolled in the Ruminant Livestock Agro-Industry course at KVLD for less than a year before being charged, admitted to punching Ijat’s back once and kicking his thigh once.
During cross-examination by Deputy Public Prosecutor (DPP) Ng Jhun Tao, OKT6 agreed that none of the accused had filed a police report claiming they were coerced into confessing to hitting Ijat or punished by the police during the investigation.
DPP: Do you agree that if the police had indeed forced you to confess to hitting Ijat and had punished you during the investigation, it would be a very serious matter?
OKT6: Yes.
DPP: Since these allegations are serious, shouldn’t you have filed a police report?
OKT6: I do not know.
DPP: Since no police report was ever filed regarding these allegations, does that mean no police officer coerced you into confessing or punishing you during the recording of your cautioned statement during the investigation?
OKT6: Disagree.
During re-examination by his counsel, Vivian Thien, OKT6 disagreed when asked whether he hit Ijat to teach him a lesson for allegedly stealing money.
He insisted that his actions stemmed solely from being disappointed with his close friend.
Meanwhile, OKT3, the ninth defence witness, denied during cross-examination by DPP Nur Nisla Abd Latif that he and his friends had accused Ijat of stealing RM50 from him and RM35 from OKT4.
DPP: Do you agree that Ijat denied stealing the money?
OKT3: I do not know.
DPP: Do you agree that you actually do not know who took your money?
OKT3: Disagree.
DPP: Do you agree that shortly after, you learned OKT4 also claimed he had lost money?
OKT3: I’m not sure.
DPP: Do you agree that at that time, OKT4 also didn’t know who took his money?
OKT3: I don’t know.
DPP: Do you agree that on the same night, before going to Room 7 Resak to assault Ijat, you heard that Ijat had also lost RM50?
OKT3: Disagree.
All 13 students, aged between 16 and 19, are charged with the murder of Mohamad Nazmie Aizzat at Lahad Datu Vocational College (KVLD) between 9 pm on 21 March and 7.38 am on 22 March 2024.
The prosecution is led by DPP Nur Nisla Abd Latif, assisted by DPP Ng Juhn Tao and DPP Batrisyia Mohd Khusri.
Eight of the 13 accused are represented by counsel Kamarudin Mohmad Chinki, Datuk Ram Singh and Chen Wen Jye, namely the first, third, fourth, eighth, tenth, eleventh, twelfth and thirteenth accused.
Meanwhile, the remaining five are represented by counsel Abdul Ghani Zelika (OKT5), Vivian Thien (OKT6), Jhesseny P. Kang (OKT7), Kusni Ambotuwo (OKT9), and Mohamed Zairi Zainal Abidin (OKT2).