On Feb 28, Justice Duncan Sikodol ordered the 13 students to enter their defence against a charge of jointly murdering Nazmie Aizzat Narul Azwan at the Lahad Datu vocational college. (Bernama pic)
TAWAU: Two accused in the murder trial of a 17-year-old student at the Lahad Datu vocational college in March last year claimed in the High Court here today that they were coerced into making confessions about assaulting the victim.
One of them, testifying before Justice Duncan Sikodol, said a disciplinary teacher at the college, identified as “Cikgu Firdaus”, handed him an A4 sheet of paper and instructed him to write his confession.
During cross-examination, the accused agreed with defence counsel Kamarudin Chinki that the teacher had forcibly obtained his written confession.
Kamarudin: Did Cikgu Firdaus give you an A4 sheet to write your confession regarding the victim’s death?
Accused: Yes.
Kamarudin: I put it to you that the statement you wrote on the A4 paper was made under coercion and not of your own free will. Do you agree?
Accused: I agree.
The other accused told the court he was forced by a police officer recording his statement at the police station to confess to assaulting the victim, Nazmie Aizzat Narul Azwan.
Questioned by defence counsel Ram Singh on why he made the confession despite not having assaulted the victim, he said he was intimidated by the investigating officer.
Ram: How were you intimidated?
Accused: If I didn’t say it, they would punch me.
Ram: Who do you mean by ‘they’?
Accused: The investigating police officers.
Ram: Did the officer punch you?
Accused: Almost.
On Feb 28, Justice Duncan Sikodol ordered the two students and 11 others, aged 16 to 19, to enter their defence against a charge of jointly murdering Aizzat at the college between 9pm on March 21 and 7.38am on March 22 last year.
They are charged under Section 302 of the Penal Code, which carries the death penalty or imprisonment of 30 to 40 years, along with a maximum of 12 strokes of the cane, upon conviction.
Deputy public prosecutors Nur Nisla Abdul Latif, Ng Juhn Tao and Batrisyia Mohd Khusri appeared for the prosecution.
Eight of the 13 accused are represented by lawyers Ram, Kamarudin and Chen Wen Jye. The remaining five are represented by lawyers Zairi Zainal Abidin, Abdul Ghani Zelika, Vivian Thien, Jhesseny P Kang and Kusni Ambotuwo.
The trial continues tomorrow.
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