TAWAU: The eighth accused in the murder of Lahad Datu Vocational College student Mohamad Nazmie Aizzat Mohd Narul Azwan (Ijat) told the High Court yesterday that they did not commit any violence or beat the victim.
According to him, they did not use their own methods or violence, and they did not beat anyone who was suspected of stealing in the hostel.
The tenth defence witness said this during re-examination by his counsel Kamarudin Mohmad Chinki, on the fifth day of hearing before Judge Datuk Duncan Sikodol.
The witness also said he did not see anyone ‘mengoroyok’ (assault) or beating the victim, and he himself did not do it when asked if he knew who had assaulted or beaten Ijat.
He said he had no role in the incident (the beating) and did not see anyone else who played a significant and serious role in the matter.
Kamarudin, referring to the notes of proceedings, also asked the eight accused (OKT8) whether he agreed that a person would die if they were beaten, punched, kicked, and mobbed many times by several people for an extended period and hours on end and he disagreed.
Kamarudin also asked him whether he agreed with the statement, “I said Ijat died because you and your 12 friends, all the accused in this court today, together mobbed and beat Ijat,” and the witness disagreed.
Kamarudin: Do you know who among your 12 friends was involved in assaulting and beating Ijat?
OKT 8: I don’t know who, and we did not assault or beat Ijat.
Meanwhile, the 11th witness, who was the OKT 4 in this case, told the court that he lashed Ijat with a phone charger cable because he was angry that Ijat stole his money.
He was asked during cross-examination by counsel Abdul Gani Zelika about the OKT 1 pushing Ijat, and then he (OKT 4) lashed Ijat with the charger cable.
Abdul Gani: Why were you angry?
OKT 4: Ijat stole my money.
Abdul Gani: After a brief argument, what did Ijat say to you?
OKT 4: He just kept quiet.
In cross-examination by counsel Vivian Thien, OKT 4 agreed and answered yes when asked if he had lost money on March 21, 2024, and if he had seen the victim admit to taking the money, as stated in his witness statement.
Thien: Do you agree that the victim took your money?
OKT 4: Yes.
Vivian: Do you agree that the victim returned the money to you?
OKT 4: Yes.
Vivian: Do you agree that the victim returned the money to OKT 3?
OKT 4: Yes.
He also agreed with Vivian’s question that he had never ‘met’ with the other accused to discuss or plan to kill the victim after learning that the victim had taken his money.
Meanwhile, OKT 4 confirmed when asked by Deputy Public Prosecutor DPP) Nur Nisla Abdul Latif during re-examination about an amendment in his witness statement that mentioned OKT 5 asking the victim, and the victim admitting to stealing RM27 from OKT 4 and RM50 from OKT 3.
DPP Nur Nisla: How much money did you actually lose?
OKT 4: RM35.
DPP Nur Nisla: Do you agree that if your money was RM35, then if the victim really admitted to taking your money, he wouldn’t say it was RM27 but would say he took RM35?
OKT 4: Disagree.
DPP Nur Nisla: This morning you made an amendment on page 4, paragraph 12, in the statement “OKT 5 asked the victim and the victim admitted to stealing RM27 from OKT 4 and RM50 from OKT 3”?
OKT 4: Agree.
During the proceedings, DPP Nur Nisal asked over 300 cross-examination questions to OKT 4 before re-examination by Kamarudin.
In the re-examination, OKT 4 stated that the RM27 amount was not the same as the amount he had lost.
When asked to explain, OKT 4 answered that the money that the late Ijat gave him was not the same as the money he had lost.
On trial are the 13 students, aged between 16 and 19, who are accused of murdering one Mohamad Nazmie Aizzat Azwan (Ijat), 17 at the KVLD between 9pm on March 21, 2024 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 court set Apr 14 – 17 for continuation of trial at the defence stage. About six more defence witnesses are expected to be called including four accused, a teacher and a police officer.
The prosecution team is led by DPP Nur Nisla, alongside DPP Ng Juhn Tao and DPP Batrisyia Mohd Khusri.
Eight of the 13 youths are represented by counsels Kamarudin, Datuk Ram Singh, and Chen Wen Jye, who represent the first, third, fourth, eighth, 10th, 11th, 12th, and 13th accused.
Meanwhile, five others are represented by counsels Abdul Ghani (OKT 5), Thien (OKT 6), Jhesseny P. Kang (OKT 7), Kusni Ambotuwo (OKT 9), and Mohamed Zairi Zainal Abidin (OKT 2).
