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A former student of Lahad Datu Vocational College has been sentenced to life imprisonment and 12 strokes of the cane for the murder of his 17-year-old hostel mate in March last year
In his ruling at the Tawau High Court today, 28 August, Judge Datuk Duncan Sikodol also ordered that 12 other underage accused, who were involved in the brutal assault against the victim, Mohamad Nazmie Aizzat Mohd Narul Azwan, be detained at the pleasure of the Sabah Yang di-Pertua Negeri for the same offence.
The 12 underage accused will only be released at the discretion of the Yang di-Pertua Negeri, in accordance with Section 97(2)(b) of the Children Act 2001.
While the prosecution had sought the death penalty for the now 20-year-old accused, the judge said that as a young offender, he deserved an opportunity to rehabilitate and rebuild his life. However, he stressed that youth alone could not justify a reduced sentence given the severity of the crime.
"The accused, a 19-year-old at the time of the offence, together with 12 others, was convicted under Section 302 of the Penal Code, read together with Section 34, for murdering their hostel mate," Duncan said.
He noted that, unlike the 12 co-accused, who were minors and tried under the Children Act 2001, the 20-year-old must face punishment under the Penal Code.
Before handing down the sentence, the judge highlighted that bullying, while not a new problem, has now reached a stage where it can claim lives
"Parents send their children to school hoping they will get an education and a bright future, but some return traumatised, while others do not return at all. This situation must be stopped because no child should ever feel unsafe in school or in a hostel, and no family should have to endure such a tragedy," Duncan said.
"The sentence handed down must be a commensurate punishment and a stern warning that the court will act firmly and will not tolerate such cruelty," he added.
The proceedings began at 9.25am with a two-hour hearing of a character report by a Social Welfare Department officer involving all the accused.
Media reports on 22 August stated that all 13 accused were found guilty under Section 302, read together with Section 34 of the Penal Code, after the prosecution successfully proved the case beyond a reasonable doubt at the conclusion of the defence case.
The accused were jointly charged with murdering Nazmie Aizzat in the hostel room at the college between 9pm on 21 March and 7.38am on 22 March last year
In his summary, Duncan said that based on an overall assessment of the evidence, the court was satisfied that the accused acted together with a common intention to beat the victim, which caused his death.
According to reports, the incident stemmed from a dispute over missing money among dormitory residents.
Two students had lost RM35 and RM50 respectively, and Nazmie Aizzat was accused of stealing the money, which led to the fatal assault, according to Lahad Datu district police chief ACP Rohan Shah Ahmad.
The decision brings to a close a long-running trial that had garnered significant public attention over the past year.
