The second accused, in making his defence, claimed that he wanted to ask the victim, Nazmie Aizzat Narul Azwan, about a theft that Nazmie had allegedly committed, reported Bernama.
“When I entered the dormitory room, I saw the victim sitting on the floor surrounded by many people. I then asked everyone to leave so I could be alone with him. Once they had left, I asked if the allegations were true,” the accused testified at the Tawau High Court in Sabah.
“I told him to stand up and answer my questions. He did not confess, and his response made me angry … So I slapped him in the face, causing him to fall by the locker.
“I then picked him up and repeated my question, but he still did not confess,” the teen testified in the trial before Justice Duncan Sikodol.
The accused said he also struck Nazmie on the shoulder, kicked him in the waist – causing him to fall – and then stepped on his waist to prevent him from getting up.
Another student then opened the door to the dormitory room, and the victim was taken to the toilet to clean himself.
When answering questions from deputy public prosecutor Nur Nisla Abdul Latif, the second accused admitted that Nazmie did not retaliate during the assault and had only tried to protect himself.
Nisla: I put it to you that Nazmie begged you to stop, saying he couldn’t take it anymore.
Accused: Yes, after the door was opened.
Nisla: Do you agree that, at that point, Nazmie still refused to admit to the theft?
Accused: He eventually confessed.
When questioned by lawyer Zairi Zainal Abidin, the second accused said his initial intention was to investigate the theft. However, when Nazmie denied his involvement, he became overwhelmed by emotion and anger.
He is among 13 students of the college charged with murder 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.
Nisla, Ng Juhn Tao and Batrisyia Khusri appeared for the prosecution.
Eight of the 13 accused are represented by lawyers Ram Singh, Kamarudin Chinki and Chen Wen Jye. The remaining five are represented by Zairi, Abdul Ghani Zelika, Vivian Thien, Jhesseny P Kang and Kusni Ambotuwo.
On Feb 28, Duncan ordered the 13, aged 16 to 19, to enter their defence against a charge of jointly murdering Nazmie at the college between 9pm on March 21 and 7.38am on March 22 last year.
The trial continues tomorrow.