TAWAU: The defence stage of the murder trial involving 13 students from Lahad Datu Vocational College (KVLD) at the Tawau High Court here ended Tuesday, after 18 witnesses had given their testimonies.
The witnesses included the 13 accused themselves, a food stall operator, the KVLD discipline teacher, the parents of the fifth accused and the investigating officer ASP Suddin Tjinke, the 25th prosecution witness, who was recalled by the defence team.
The full trial, which lasted for seven days, was heard before Judge Datuk Duncan Sikodol, who then set April 29 for both sides to file their submissions; May 6 for the exchange of submissions; and May 14 to confirm the filing of the submissions.
Earlier, ASP Suddin, who was the 18th and final witness, was called by the defence to inform the court that he had neither seen nor been handed a document or statement on A4 paper by the 13 students when he arrived at KVLD on the day of the incident.
He also said he had not been informed that Teacher Firdaus (the discipline teacher) had instructed the students to write a statement on A4 paper, and he had never recorded such a witness statement.
The police officer further said that all the documents held by Inspector Sofia (the 24-hour investigating officer on the day of the incident) had already been handed over to him, and that there was no reason for Inspector Sofia to retain the A4 documents.
He also said he only learned about the A4 paper filled out by the 13 students during the trial on Tuesday.
ASP Suddin was questioned on this matter during examination-in-chief by counsel Kamarudin Mohmad Chinki and cross-examination by counsel Mohamed Zairi Zainal Abidin and Deputy Public Prosecutor Nur Nisla Abdul Latif.
Earlier, the 16th defence witness, Mohd Ferdaus Andres, 39, who had been the Assistant Discipline Coordinator at KVLD for the past four years, told the court that the A4 papers given to the students were not confessions but rather initial statements for the case.
He said his first instruction was for the students gathered in the Danum Room to write initial statements, not confession, during examination-in-chief by Kamarudin.
Kamarudin: What instructions did you give to the 13 students once they were in the Danum Room?
Mohd Ferdaus: When I arrived, I did not know who the suspects were and who the witnesses were. My first instruction was for anyone who had touched the deceased, whether by hitting, punching, slapping, or similar actions, to stand in front of me.
Kamarudin: Did you communicate with the 13 students?
Mohd Ferdaus: Before I gave them the A4 paper, I had not communicated with them.
Kamarudin: After you gave them the A4 paper?
Mohd Ferdaus: That was my first instruction. I told them to write, not a confession, but an initial statement.
Kamarudin: Did you provide them with the A4 paper and pen?
Mohd Ferdaus: Yes, that’s correct.
Kamarudin: For what purpose?
Mohd Ferdaus: I did not know the incident had occurred. To get an initial understanding, I asked them to write what they had done, as they were standing in front of me as those who had made physical contact. I also gave the A4 paper to the other students (the four who had not stood in front of me).
Kamarudin: Did you direct them to write anything specific on the A4 paper?
Mohd Ferdaus: I asked them to write their full name, IC number, programme name, and details of the incident.
The witness also informed the court that the students involved were given the opportunity to object, clarify, or reject the submission of their statements to the police.
In response to cross-examination by Mohamed Zairi, the witness agreed that the 13 students were not coerced into writing what was on the A4 paper.
For the record, several of the students had previously testified that they were forced by Teacher Firdaus to write a confession about beating the victim to death, which were made without their consent.
The 13 students, aged between 16 and 19, are accused of murdering Biotechnology student Mohamad Nazmie Aizzat Mohd Narul Azwan, 17, at KVLD between 9 pm on 21 March and 7.38 am on 22 March 2024.
The prosecution team is led by Deputy Public Prosecutor (DPP) Nur Nisla Abd Latif, assisted by DPPs Ng Juhn Tao and Batrisyia Mohd Khusri.
Eight of the 13 accused, the first, third, fourth, eighth, 10th, 11th, 12th, and 13th accused, are represented by counsel Kamarudin Mohmad Chinki, Datuk Ram Singh and Chen Wen Jye.
Meanwhile, five others are represented by lawyers Abdul Ghani Zelika (OKT 5), Vivian Thien (OKT 6), Jhesseny P. Kang (OKT 7), Kusni Ambotuwo (OKT 9), and Mohamed Zairi Zainal Abidin (OKT 2).
