Judge warns families of accused in vocational student murder case against witness intimidation

TAWAU: High Court Judge Datuk Duncan Sikodol today warned the families of 13 students charged with the murder of a Kolej Vokasional Lahad Datu student in March not to intimidate or threaten witnesses involved in the trial.

Duncan stated that he had received reports of witnesses being threatened and emphasised that such actions were a serious offence.

“If this (report) reaches the court again, I will issue an order prohibiting any of the families from attending the trial or coming to Tawau during the proceedings. Please inform your relatives outside,“ he said during the trial.

Earlier, before the proceedings started, deputy public prosecutor (DPP) Nur Nisla Abd Latif requested the court to issue a warning to the families of the accused regarding the disturbances, as there had been reports of prosecution witnesses being harassed, and a police report had been filed.

The 13 students, aged between 16 and 19, are jointly charged with the murder of Mohamad Nazmie Aizzat Mohd Narul Azwan, 17, at Dormitory Room 7 Resak and 5 Belian, Kolej Vokasional Lahad Datu, between 9.00 pm on March 21 and 7.38 am on March 22.

They were charged under Section 302 of the Penal Code, read together with Section 34 of the same code, which carries the death penalty or imprisonment of 30 to 40 years, and up to 12 strokes of the cane, upon conviction.

Meanwhile, during the trial, the prosecution’s third witness, Mohammad Zul Amree Hamzah, an assistant medical officer at Lahad Datu Hospital, testified that Mohamad Nazmie Aizzat was believed to have died one to two hours before being pronounced dead at 7.38 am on March 22.

He said that he examined the victim and administered Cardio-Pulmonary Resuscitation (CPR) for approximately 15 to 20 minutes upon arriving at the scene.

He also used an Automated External Defibrillator (AED) to detect and stabilise heart rhythm, but the machine confirmed there were no signs of life.

“Based on my experience in determining death, I estimate that the victim had died approximately one to two hours earlier,“ he said during re-examination by Nur Nisla.

Earlier, Mohammad Zul Amree testified in his witness statement that his colleague received a MERS 999 call at 7.02 am on March 22 from the dormitory warden, Muhammad Nuhrullah Aminuddin, who is the prosecution’s second witness. The call reported that the victim was unconscious and not breathing.

“Muhammad Nuhrullah said they had attempted to administer respiratory assistance. Following that, my team and I departed for the college at 7.05 am and arrived at 7.20 am,“ he said, adding that there were visible injuries on the victim’s lips.

During the examination-in-chief, when asked about the recommended duration for CPR before confirming death, Mohammad Zul Amree explained that chest compressions and respiratory aid must be provided for 30 minutes according to the 2022 Basic Life Support guidelines.

He also agreed with defence counsel Mohamed Zairi Zainal Abidin’s suggestion that the victim might have survived if transported to the hospital within an hour and a half.

The prosecution team is led by Nur Nisla and supported by DPPs Ng Juhn Tao and Nur Batrisyia Mohd Khusri.

Eight of the 13 accused teenagers are represented by lawyers Datuk Ram Singh, Kamarudin Mohmad Chinki, and Chen Wen Jye. The remaining five are defended by Mohamed Zairi, Abdul Ghani Zelika, Vivian Thien, Jhassany P. Kang, and Kusni Ambotuwo.

The trial will resume this afternoon.