TAWAU: The decision on whether 13 male students of Lahad Datu Vocational College will be called to defend themselves or acquitted of the murder charge of their fellow student, Mohamad Nazmie Aizzat Mohd Narul Azwan, last year, will be known on Feb 28 at the High Court here.
Judge Datuk Duncan Sikodol set the date during an online status review proceeding today with Deputy Public Prosecutor (DPP) Nur Nisla Abdul Latif and lawyers representing the accused.
The defence team includes Datuk Ram Singh, Kamarudin Mohmad Chinki, and Chen Wen Jye, who are representing eight of the 13 youths, while the remaining five are represented by Mohamed Zairi Zainal Abidin, Abdul Ghani Zelika, Vivian Thien, Jhesseny P Kang, and Kusni Ambotuwo.
During the session, Nur Nisla, Kamarudin, Chen, Abdul Ghani, Vivian, Jhesseny, and Kusni were present in court, participating via video call, while the rest joined from Kota Kinabalu.
If the court rules in favour of the prosecution and finds that a prima facie case exists, the 13 accused will be called to enter their defence. Otherwise, they will be acquitted.
The prosecution trial, which took place last year, lasted 12 days starting Nov 19, during which 25 witnesses were called to testify.
The 13 students, aged 16 to 19, were charged with the murder of Mohamad Nazmie Aizzat, 17, at dormitory rooms 7 Resak and 5 Belian of Lahad Datu Vocational College between 9 pm on Mar 21 and 7.38 am on Mar 22 last year.
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 a prison term of 30 to 40 years and up to 12 strokes of the cane, upon conviction.
The prosecution is led by Nur Nisla, assisted by DPPs Ng Juhn Tao and Batrisyia Mohd Khusri.
