A male teen was in tears today when ordered to enter his defence for the murder of 23 residents of a tahfiz centre in the capital which caught fire in 2017.
Another male teen co-accused also broke down after he was acquitted of the same murder charges.
The two accused were in the dock when judge Azman Abdullah delivered the ruling at the end of the prosecution's case at the Kuala Lumpur High Court this afternoon.
Azman ruled that the prosecution has succeeded in establishing a prima facie case against one of the accused.
The two were charged with the murder of 23 residents at the tahfiz centre at Jalan Keramat Hujung, Kampung Datuk Keramat, Kuala Lumpur, on Sept 14, 2017.
This afternoon, Azman ruled that the prosecution only succeeded in proving a prima facie case against one of the accused thus requiring the court to acquit the other co-accused.
“This is the decision at the end of the prosecution’s case after having gone through the prosecution’s case and submissions by all parties on the 23 charges under Section 302 of the Penal Code (for murder).
“The prosecution succeeded in proving a prima facie case against the first-named accused.
“The second-named accused is discharged and acquitted without being ordered for his defence to be called.
“The 23 (murder) charges against the first accused (have been proven prima facie by the prosecution) where you (the first accused) had intent to cause the death (of the deceased),” Azman said.
After the judge delivered the brief ruling, the second accused, who was acquitted, was seen to be calmer as he was led out of the court by police personnel to be released later this afternoon.
The court set the defence stage of the trial from March 2 to 3 where the sole male accused will have the opportunity to try and raise reasonable doubt over the prosecution's prima facie case on him
The second accused who was acquitted was seen
When met by the media after the proceedings, the acquitted accused’s father, who looked weary, expressed happiness and gratitude over the court’s ruling which released his son.
“I hope (for my son) to continue (his studies). I am very grateful (for the court’s ruling). I do not wish to say much. (The acquitted son is) his parents’ hope.
“We accept and are in gratitude for this outcome from Allah,” the father, who is 56, said, adding that the family now just wished to move forward with greater hope.
In the early hours of Sept 14, 2017, 23 students perished in a blaze that broke out at the religious school.
On Sept 28, 2017, at the Kuala Lumpur Magistrate's Court, the two accused, then teens, were charged with 23 counts of murder over the deadly fire which razed the tahfiz centre to the ground.
The two accused were alleged to have committed arson at the centre which then claimed the lives of 21 students and two teachers.
The prosecution stage of the trial began on May 30, 2018, during which 71 witnesses were called to testify in the course of the hearing.
DPP Julia Ibrahim prosecuted, while counsel Haijan Omar appeared for both the accused.
Under the law, a provision exists for underaged accused charged with capital offences like murder to not have their names revealed in media reports.
The Child Act also states that in the event an underaged accused is convicted of murder, the accused will not face the death penalty but instead be detained at the pleasure of the Yang Di-Pertuan Agong. - Mkini
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