The High Court will determine on Feb 28 whether the 13 male students from Lahad Datu Vocational College charged with the murder of their schoolmate last year must enter their defence or be acquited. 

High Court Judge Duncan Sikodol set the date during an online case review today, attended by Deputy Public Prosecutor (DPP) Nur Nisla Abdul Latif and the defence team representing the students.

Defence counsel includes Datuk Ram Singh, Kamarudin Mohmad Chinki, and Chen Wen Jye, who are representing eight of the 13 accused. 

The remaining five are represented by Mohamed Zairi Zainal Abidin, Abdul Ghani Zelika, Vivian Thien, Jhesseny P Kang, and Kusni Ambotuwo.

During the proceedings, Nur Nisla, Kamarudin, Chen, Abdul Ghani, Vivian, Jhesseny, and Kusni were physically present in court, while the rest participated via video link from Kota Kinabalu.

If the court finds that the prosecution has established a prima facie case, the 13 students will be called to enter their defence. If not, they will be acquitted.

The trial, which began on Nov 19 last year, lasted 12 days, with 25 witnesses called to testify.

The students, aged between 16 and 19, are accused of murdering 17-year-old Mohamad Nazmie Aizzat Mohd Narul Azwan in dormitory rooms 7 Resak and 5 Belian of Lahad Datu Vocational College. 

The alleged incident occurred between 9pm on Mar 21 and 7.38am on Mar 22, 2023.

They have been charged under Section 302 of the Penal Code, read together with Section 34, which carries the death penalty or a prison sentence of 30 to 40 years, along with up to 12 strokes of the cane upon conviction.

The prosecution is led by Nur Nisla, with assistance from DPPs Ng Juhn Tao and Batrisyia Mohd Khusri. – Feb 5, 2025.