TAWAU: The High Court here today heard that the late Mohamad Nazmie Aizzat Mohd Narul Azwan, 17, admitted to taking money from two of the 13 accused of his murder, before returning it on the night of March 21.
The 19th prosecution witness, said he had gone to Dorm 7 Resak around 10pm to search for coloured pencils for a school assignment due the next day.
He testified seeing the victim, known as Ijat, with the fifth accused discussing stolen money.
He said Nazmie had admitted to taking the money before retrieving several RM50, RM10, RM5 and RM1 notes from his locker and returning them to the fifth accused.
"Ijat confessed to stealing the money, and shortly after, the first, fourth, and fifth accused began assaulting him.
"I tried to intervene by pushing them away, and they stopped," said the witness, reading from a statement before judge Datuk Duncan Sikodol.
The trial involves 13 teens aged 16 to 19, accused of jointly murdering Nazmie between 9pm on March 21 and 7.38am on March 22.
The charges under Section 302 of the Penal Code, read together with Section 34, carry the death penalty, or 30 to 40 years' imprisonment and up to 12 strokes of the cane, upon conviction.
The 19-year-old witness, a Diploma in Landscape Architecture student at Lahad Datu Vocational College, said he was unsure who started the assault, as it happened suddenly, but confirmed that all three accused participated.
Later, during questioning by deputy public prosecutor Nur Nisla Abd Latif, the witness testified seeing Nazmie again, this time in Dorm 5 Belian, about an hour later.
He observed bruises on the victim's body.
Nur Nisla: After an hour, you saw Ijat in Dorm 5 Belian. Is that correct?
Witness: Yes.
Nur Nisla: Was he clothed at the time?
Witness: Not sure.
Nur Nisla: You mentioned seeing bruises. Do photos ID3(1–34), particularly image 23, show the bruises you saw?
Witness: Yes.
The witness explained he used his phone's flash to spot the bruises, leading to uncertainty over whether Ijat was clothed.
During cross-examination, defence lawyer Mohamed Zairi Zainal Abidin suggested the witness did not report the incidents because he was also involved.
The witness denied this.
Zairi: My client (the second accused) called 18 individuals involved in the incident during an assembly. Do you agree?
Witness: Not sure.
Zairi: You were among those called out before being sent to the administration office. Do you agree?
Witness: Disagree.
The witness also testified that he had helped Nazmie to the bathroom on the second floor to shower before carrying him piggyback to Dorm 7 Belian due to his weakened state.
"I laid him on the bed near the door and covered him with a blanket. The time on my phone showed it was 12.40am.
"I shook hands with Ijat, and he thanked me for helping him before I returned to my room in Dorm 8 Cengal," he said.
Apart from Nur Nisla, the prosecution team included DPPs Ng Juhn Tao and Batrisyia Mohd Khusri.
Eight of the 13 teenagers were represented by lawyers Datuk Ram Singh, Kamarudin Mohmad Chinki, and Chen Wen Jye, while the remaining five were defended by Abdul Ghani Zelika, Vivien Thien, Jhesseny P Kang, Kusni Ambotuwo, and Zairi.