Child witnesses to testify in Bandar Utama school fatal stabbing trial today

 

Picture for illustration purposes

SHAH ALAM: Child witnesses in the trial of a 15-year-old boy charged with the murder of a fellow student at a Bandar Utama secondary school will testify before the High Court today under special arrangements.

The two witnesses, who are schoolmates of both the accused and the 16-year-old deceased victim, will give evidence before Judge Adlin Abdul Majid from behind a partition erected near the witness stand.

The partition has been positioned so the witnesses face only the judge while testifying.

It also prevents the accused, who will be seated near the dock, from seeing them, ensuring there is no face-to-face contact during their testimony.

Their identities and testimony are protected under the Evidence of Child Witness Act 2007 and cannot be disclosed.

The eight day trial began on Monday.

So far, seven prosecution witnesses have testified.

They comprise a forensic pathologist, the victim's mother, the school's former headmaster and four teachers.

The teenager, who cannot be identified or photographed because he is a minor, was brought to court from the Puncak Alam Correction Centre, a juvenile detention facility.

The proceedings are being held in camera.

According to the charge sheet, the boy is accused of murdering his Form Four schoolmate in the girls' toilet of SMK Bandar Utama Damansara (4), Bandar Utama, Petaling Jaya, between 9.20am and 9.35am on Oct 14 last year.

The charge carries the death penalty, or jail of not less than 30 years and not more than 40 years, and 12 strokes of the rotan upon conviction.

However, under Section 97(1) of the Child Act 2001, the death sentence cannot be imposed on a child at the time of the offence.

Instead, Section 97(2) stipulates that a person convicted of such an offence shall be detained at the pleasure of the Yang di-Pertuan Agong if the offence occurred in the Federal Territories, or the Ruler or Yang di-Pertua Negeri if it occurred in a state.

A three-month psychiatric assessment conducted by Hospital Bahagia Ulu Kinta director Dr Ian Lloyd Anthony concluded that the boy is fit to stand trial.

The prosecution is led by deputy public prosecutor Raja Zaizul Faridah Raja Zaharudin, assisted by Aqharie Durranie Aziz and Ahmad Iqbal Azman.

The boy is represented by lawyer Kitson Foong, assisted by Chew Jee San, Angel Choo and Yan Zhi Wei.

Lawyers Datuk Yasmeen Shariff and Jason Lim Jie Sheng are holding briefs for the Bar Council and the Human Rights Commission of Malaysia, respectively. - NST