Murder Trial: Accused Claim Coercion in Confessions
TAWAU: Two accused in the murder trial of a 17-year-old student at the Lahad Datu vocational college in March last year claimed in the High Court here today that they were coerced into making confessions about assaulting the victim.
Coercive Confessions
One of the accused, testifying before Justice Duncan Sikodol, said a disciplinary teacher at the college, identified as “Cikgu Firdaus”, handed him an A4 sheet of paper and instructed him to write his confession. During cross-examination, the accused agreed with defence counsel Kamarudin Chinki that the teacher had forcibly obtained his written confession.
Police Coercion
The other accused told the court he was forced by a police officer recording his statement at the police station to confess to assaulting the victim, Nazmie Aizzat Narul Azwan. Questioned by defence counsel Ram Singh on why he made the confession despite not having assaulted the victim, he said he was intimidated by the investigating officer.
Intimidation and Physical Threats
The accused said: "If I didn’t say it, they would punch me." When asked who "they" were, he replied: "The investigating police officers." When asked if the officer punched him, he said: "Almost."
Charges and Procedure
On February 28, Justice Duncan Sikodol ordered the two students and 11 others, aged 16 to 19, to enter their defence against a charge of jointly murdering Aizzat at the college between 9pm on March 21 and 7.38am on March 22 last year. They are charged 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.
Counsel and Prosecution
Deputy public prosecutors Nur Nisla Abdul Latif, Ng Juhn Tao, and Batrisyia Mohd Khusri appeared for the prosecution. Eight of the 13 accused are represented by lawyers Ram, Kamarudin, and Chen Wen Jye. The remaining five are represented by lawyers Zairi Zainal Abidin, Abdul Ghani Zelika, Vivian Thien, Jhesseny P Kang, and Kusni Ambotuwo.
Conclusion
The trial continues tomorrow, with the accused claiming that their confessions were coerced and not made of their own free will. The court will have to consider the evidence presented and make a decision on the case.
Frequently Asked Questions
- What were the accused in the murder trial claiming?
The accused claimed that they were coerced into making confessions about assaulting the victim. - Who was the disciplinary teacher at the college involved in the case?
Cikgu Firdaus was the disciplinary teacher identified as being involved in the case. - How did the accused feel about making the confession?
The accused felt intimidated and forced to make the confession, and believed that their statement was made under coercion and not of their own free will.