Court to decide if Bandar Utama school stabbing suspect will enter defence

 

Defence lawyer Kitsoon Foong (Left) said he expects the boy to be called to enter his defence. — NSTP/FAIZ ANUAR

SHAH ALAM: The High Court is expected to decide today whether a 15-year-old boy charged with murdering his 16-year-old schoolmate in Bandar Utama will be called to enter his defence.

Judge Adlin Abd Majid is scheduled to deliver her decision at the end of the prosecution case.

The six-day prosecution stage began on Aug 3 and concluded on Tuesday, with 11 witnesses called to testify.

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

According to the charge sheet, the boy is accused of murdering his 16-year-old 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.

He pleaded not guilty to the charge in February.

The charge carries the death penalty, or imprisonment of between 30 and 40 years, and at least 12 strokes of the rotan upon conviction.

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

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

The boy, who cannot be named or photographed as he is a minor, was brought to court from the Puncak Alam Correctional Centre, a juvenile detention facility.

The proceedings are being held in camera in accordance with the Child Act.

Defence lawyer Kitsoon Foong said he expects the boy to be called to enter his defence.

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

The prosecution is led by deputy public prosecutor Raja Zaizul Faridah Raja Zaharudin.

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