TAWAU: A Kolej Vokasional Lahad Datu student testified in the High Court yesterday that the second accused had instructed everyone in dormitory room 5 Belian to leave him alone with Mohamad Nazmie Aizzat Mohd Narul Azwan on the night of the incident on March 21.
The 17th prosecution witness said upon receiving the instructions, several occupants of the room, including the 10 accused, namely the first, third, fourth, fifth, sixth, eighth, ninth, tenth, eleventh, and thirteenth accused, who had been involved in assaulting the victim, exited the room.
"The second accused told everyone to leave, saying, 'Leave me with him (Mohamad Nazmie Aizzat)'. But I didn't leave because I was tired, and a few other occupants stayed. I closed the door because I was scared and lay on the bed.
"At that time, the second accused and the victim were standing between a bed. I saw the accused punch the victim in the shoulder and kick him in the head and waist. Then, I saw the accused drag the victim's hand to the middle of the room, but the victim struggled to get free.
"The accused then pushed the victim into the locker, causing a loud bang," he said during the examination-in-chief by deputy public prosecutor Nur Nisla Abd Latif at 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 9.00 pm on March 21 this year and 7.38 am the following day (March 22).
They were charged under Section 302 of the Penal Code, 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.
The witness testified that after hearing a loud bang, the first, fifth, and sixth accused entered the room and told the second accused to stop. However, the second accused ordered them to leave, and the door was closed again.
He added that once the door was closed, the second accused continued to assault the victim, prompting Mohamad Nazmie Aizzat to plead for it to stop and call out to the first accused for help.
"The second accused then took the victim out of the room, but I didn't know where he was taken," he said.
Meanwhile, the 18th prosecution witness, who is also a student at the college, testified that he saw the victim was asleep on a mattress on the floor, covered in blankets, when he entered Dormitory Room 7 Belian at 5 am to take his toiletries.
"After taking a shower, I saw the 11th accused trying to wake the victim, but he didn't respond. I thought he was asleep," he said, adding that Dormitory Room 7 Belian was occupied by the first, fifth, sixth, eighth, ninth, and 11th accused.
Also appearing for the prosecution were deputy public prosecutors Nulg Juhn Tao and Batrisyia Mohd Khusri.
Eight of the 13 accused are represented by lawyers Datuk Ram Singh, Kamaruddin Mohmad Chinki and Chen Wen Jye, while the remaining five are represented by lawyers Mohamad Zairi, Abdul Ghani Zelika, Vivian Thien, Jhassany P Kang and Kusni Ambotuwo.
The trial continues today. -- BERNAMA