Lawyers representing 13 former Lahad Datu vocational college students convicted of murdering their schoolmate, Nazmie Aizzat Narul Azwan, will appeal the High Court’s decision.
Defence lawyer Kamarudin Chinki, who represented eight of the accused, said the appeal would be filed within 14 days.
He said the conviction was based on “common intention” rather than on the specific actions of each accused, even though his clients’ levels of involvement differed.
Another lawyer, Zairie Zainal Abidin, said the court failed to properly consider whether all the accused shared the intent to cause fatal injuries.
He argued that witness testimony was inconsistent, citing one witness who admitted to being on his phone during the alleged incident.
“The learned judge also failed to take into account witness testimony stating that they did not see my client strike the victim in the areas that caused his death.
“Much of the witness testimony in this case was illogical from certain perspectives – for example, one witness claimed to have seen the incident, but at the same time, admitted to being on his phone,” he said.
Zairie urged the court to examine all the facts and evidence thoroughly.
The Tawau High Court today sentenced a 20-year-old former Lahad Datu vocational college student to life imprisonment and 12 strokes of the cane for Nazmie’s murder in March 2024.
Justice Duncan Sikodol also ordered for the remaining 12, who are still minors, to be detained at the pleasure of the Sabah governor.
The 13 were charged in April 2024 with jointly murdering Nazmie, 17, in a dormitory room at the college between 9pm on March 21 and 7.35am on March 22.
