TAWAU: The High Court here was told that Mohamad Nazmie Aizzat Mohd Narul Azwan, a student at Lahad Datu Vocational College who was found dead last March, was forced to confess to theft after being assaulted.
This was revealed by Lahad Datu police headquarters Criminal Investigation Division chief Asst Supt Suddin Tjinke, who testified as the 25th prosecution witness in the murder trial.
During cross-examination by lawyer Kamarudin Mohmad Chinki, Suddin disagreed with the suggestion that the victim had committed theft.
Kamarudin: Do you agree that there was a quarrel among several students when questioning the deceased about the alleged theft?
Witness: I do not agree.
Kamarudin: Do you agree that the money stolen by the deceased was found by Insp Muhammad Sobbri Samian?
Witness: I agree the money was found but disagree that it was stolen.
During re-examination by Deputy Public Prosecutor Nur Nisla Abd Latif, Suddin clarified that he disagreed with Kamarudin’s suggestion because there was no evidence to confirm that the victim had committed the theft.
"From the investigation I conducted, it was found that the deceased confessed out of desperation after being assaulted and forced to admit to stealing," he said during the trial before Judge Datuk Duncan Sikodol.
Thirteen students, aged between 16 and 19, are jointly charged with the murder of Mohamad Nazmie Aizzat, 17, at Dormitory Room 7 Resak and 5 Belian, Lahad Datu Vocational College, between 9 pm on March 21 this year and 7.38am the following day (March 22).
They were charged under Section 302 of the Penal Code for murder, read together with Section 34 of the same law, which provides the death penalty or imprisonment of 30 to 40 years and up to 12 strokes of the cane, upon conviction.
Suddin also informed the court that a simulation of the incident was conducted in Dormitory Room 5 Belian to assess visibility at the scene.
He stated that during the simulation, visibility was clear, and facial recognition was possible due to lighting from the dormitory corridor and an adjacent building.
Meanwhile, Nur Nisla, who leads the prosecution team, informed the judge that the prosecution closed its case today after calling 25 witnesses.
She further stated that 19 witnesses, namely a dormitory warden, a chemist, two doctors, and 15 police personnel (including two photographers), were offered to the defence team.
Judge Duncan instructed both parties to file written submissions by Dec 30, with rebuttals due on Jan 6. A mention date was set for Jan 13, to confirm the submissions had been filed via online.
Nur Nisla is assisted by Deputy Public Prosecutors Ng Juhn Tao and Batrisyia Mohd Khusri.
Eight of the 13 teenagers are represented by lawyers Datuk Ram Singh, Kamarudin and Chen Wen Jye, while the remaining five are represented by lawyers Mohamad Zairi, Abdul Ghani Zelika, Vivian Thien, Jhesseny P. Kang, and Kusni Ambotuwo.- Bernama
