TAWAU: The ninth accused (OKT9) in the murder a from Kolej Vokasional Lahad Datu (KVLD), biotech student told the Tawau High Court, here Tuesday, he had no intention to hit the victim, but one Putra acted as a “Batu Api” (instigator).
He said he did not think his two strikes on the victim’s arm would cause the death of Ijat (the victim’s nickname), and he and other 12 accused did not intend or plan to kill their fellow collegemate.
He said this during the main examination by his counsel Kusni Ambotuwo, on the second day of the defence stage of the trial before Judge Datuk Duncan Sikodol.
During cross-examination by lawyer Datuk Ram Singh, the teenager said his intention was never to hit Ijat, but Putra (the 19th prosecution witness) incited him.
“He pulled me, then pushed me to go and hit the deceased because he wanted to see me hit him,” he said.
Asked by Ram about how he felt if there was a theft case in the hostel, he said he would be disappointed but would not lead him to beat someone to death.
Cross-examined by counsel Chen Wen Jye, OKT9 told the court that Putra, who was called Si Tam, had said, "This is my record of kicking someone the furthest," after kicking Ijat.
He also demonstrated to the court how Putra raised his right leg to kick Ijat in the waist, causing him to be thrown far.
Cross-examined by lawyer Vivian Then, OKT 9 stated that they did not hit the victim again after they apologised to him, and at that time, Ijat was still strong.
However, he said he was unsure if Putra was involved in the events between March 21 and 22, 2024, which led to the victim’s death.
The 13 students, aged between 16 and 19, are accused of murdering Mohamad Nazmie Aizzat Azwan, 17, at the KVLD between 9pm on March 21, and at 7.38am on March 22, 2024.
They were charged under Section 302 of the Penal Code, read with Section 34 of the same Code, which carries the death sentence or life imprisonment, on conviction.
The prosecution team is led by Deputy Public Prosecutor (DPP) Nur Nisla Abdul Latif, alongside DPP Ng Juhn Tao and DPP Batrisyia Mohd Khusri.
Eight of the 13 youths are represented by lawyers Kamarudin Mohmad Chinki, Ram, and Chen, who represented the first, third, fourth, eighth, 10th, 11th, 12th and 13th accused.
Meanwhile, five others are represented by counsels Abdul Ghani Zelika (OKT 5), Vivian (OKT 6), Jhesseny P. Kang (OKT 7), Kusni (OKT 9) and Mohamed Zairi Zainal Abidin (OKT 2).