Tahfiz fire murder conviction based on circumstantial evidence, court hears

 

Pusat Tahfiz Darul Quran Ittifaqiyah in Kampung Datuk Keramat, Kuala Lumpur, caught fire in the early hours of Sept 14, 2017, killing 21 students and two teachers. (Facebook pic)

PUTRAJAYA: The prosecution’s case against a teenager for causing the death of 23 people in a fire at Pusat Tahfiz Darul Quran Ittifaqiyah five years ago is weak and premised entirely on circumstantial evidence, the Court of Appeal heard today.

Lawyer Haijan Omar said there was no eyewitness’ testimony to prove that his client was responsible for setting the premises on fire.

“The onus is on the prosecution but there are gaps in its case,” Haijan said during submissions before a three-member bench chaired by Justice Abu Bakar Jais.

Also on the panel were Justices Che Mohd Ruzima Ghazali and See Mee Chun.

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Haijan, who was assisted by Ashraf Abu Bakar Hamzah, said the defence had given notice to the prosecution that the teenager was not at the crime scene.

“However, police did not investigate the matter,” he added.

Haijan said the only evidence presented by the prosecution was that the teenage appellant was seen climbing the fence into the premises and also led the police to the discovery of a lighter.

He said the trial judge also misdirected himself on numerous other occasions, rendering the teenager’s conviction unsafe.

In reply, deputy public prosecutor How May Ling submitted there was a strong inference based on a totality of the evidence before the trial court that the teenager had committed the crime.

She said two prosecution witnesses had seen him climb the fence to get into the tahfiz school. They also later saw him leaving the premises.

“The trial judge was also satisfied with the credibility of both witnesses,” she added.

How, who was assisted by DPPs Parvin Hameedah Natchiar and Aida Khairuleen Azli, said another prosecution witness, who later turned hostile, added credence to the prosecution’s case.

She said the trial judge did not totally discredit the witness’ testimony despite him giving a different version of events in court to what he had told the police during investigations.

The evidence also showed that the witness was with the convicted teenager at the crime scene, said the prosecutor.

How told the court that the hostile witness, identified as “Man”, had asked the convicted teenager: “Bila nak bakar tahfiz?” (When do you want to set fire to the tahfiz?).

Another prosecution witness testified to hearing the conversation.

Justice Azman Abdullah, who sat as the trial judge in the High Court found the teenager, who was then 16 years old, guilty of intentionally committing mischief leading to the deaths.

The teenager and another minor were accused of murdering 23 people staying at the tahfiz centre at Jalan Keramat Hujung in Kampung Datuk Keramat, Wangsa Maju in Kuala Lumpur, between 4.15am and 6.45am on Sept 14, 2017.

In the tragedy, 21 students and two teachers were killed when they were trapped on the third floor of the school hostel.

Since he was a child at the time the crime was committed, the judge ordered the teenager to be detained at the pleasure of the Yang di- Pertuan Agong.

Azman acquitted the other teenager, but the prosecution has appealed against the acquittal.

The same Court of Appeal panel will hear the prosecution’s appeal from that acquittal on May 11. - FMT