By The Borneo Post onSabah
TAWAU (April 15): A disciplinary teacher told the High Court here on Tuesday that he never coerced all students accused of murdering Lahad Datu Vocational College student Mohamad Nazmie Aizzat Mohd Narul Azwan to write their confessions.
Mohd Ferdaus Andres, 39, during his cross examination by deputy public prosecutor Nur Nisla Abdul Latif, agreed with her suggestion that no coercion was used on all the students write anything on the A4 paper given and whatever was written was based on their own knowledge.
The 16th defence witness in the trial in front of Judge Datuk Duncan Sikodol also agreed with Nur Nisla that the internal investigation process by the vocational college differed from that of the police.
He had earlier told the court during his main examination by lawyer Kamarudin Mohmad Chinki that he asked all 17 students to write their full name, identification card numbers, their programme name and the incident that occurred on A4 paper.
“There were 13 students in front of me and four other students who didn’t budge, so I asked all of them to write on the A4 paper not confessions but an initial statement for the school’s internal investigation,” he said.
The witness agreed with Kamrudin’s suggestion that he handed the A4 papers to the police before the 13 students were taken to the police station for investigation, and the students had no objections about handing over the papers to the police.
He added that during the incident, he initially thought the fight involved two groups of students gathered at the Danum Room on the morning of March 22 last year before another teacher told him that the fight involved a group of students against a solitary student.
“I myself did not know what happened initially, who was a witness, who was a suspect, so my first instruction to students were that whoever touched the victim, whether you hit, you punched or slapped, to stand before me,” he said.
Earlier, the High Court was told that the victim, after being pushed and slapped in dormitory room 5 Belian, returned to his dormitory room at 7 Resak.
His close friend and dormitory mate, who is the 13th accused, said he followed Mohamad Nazmie Aizzat back to their room.
“At that time, the victim was still okay. I gave him some advice and asked why he stole, but he just kept quiet while playing on his mobile phone.
“After that, he said he wanted to go take a shower and I helped get him his towel and toiletries, then I went to
dormitory room 1 Belian to play games and eat instant noodles,” said the accused, who is also the 15th defence
witness, when reading out his witness statement at the trial.
He also told the court that he did slightly slap the victim once on the back.
In his witness statement, the 13th accused also said that he and the other suspects were asked by a teacher known as
‘Cikgu Firdaus’ to write a confession on A4 paper that they had beaten the victim.
He also claimed that the teacher then handed over the A4 paper to the police by the teacher.
Judge Duncan had instructed the 13 students, aged 16 to 19, to enter their defence on charges of jointly murdering Mohamad Nazmie Aizzat at the dormitory rooms of 7 Resak and 5 Belian of Lahad Datu Vocational College from 9 pm, March 21 till 7.38 am, March 22 last year.
They are charged under Section 302 of the Penal Code read together with Section 34 of the same code, which is punishable with 30 to 40 years’ jail and no more than 12 lashes if found guilty.
Meanwhile the 18th defence witness, who is also the case investigating officer, ASP Suddin Tjinke told the court that he did not agree that the A4 papers containing the initial statements 13 accused could help the investigation, but a complete investigation was needed.
When answering Nur Nisla’s question, Suddin said the police did not receive any of the A4 papers, and that the police did not have any reason to keep the papers.
A total of 18 witnesses, including the 13 accused, finished providing their testimony throughout the seven-day trial.
Judge Duncan then set April 29 for written arguments to be handed in, May 6 for rebuttals, and May 14 for closing statements before delivering his verdict.
The prosecution is conducted by Nur Nisla, Ng Juhn Tao and Batrisyia Mohd Khusri while eight of the accused are being represented by lawyer Datuk Ram Singh, Kamarudin and Chen Wen Jye while five others are represented by lawyers Mohamed Zairi Zainal Abidin, Abdul Ghani Zelika, Vivian Thien, Jhesseny P Kang and Kusni Ambotuwo. — Bernama
