The murder trial of a 15-year-old boy accused of fatally stabbing his 16-year-old schoolmate at a school in Bandar Utama began today.
The victim, Form Four student Yap Shing Xuen, was allegedly stabbed in the girls’ toilet at SMK Bandar Utama Damansara (4) in Petaling Jaya on Oct 14 last year.
11 witnesses expected to testify
According to the New Straits Times, the prosecution is expected to call 11 witnesses during the eight-day trial before High Court judge Adlin Abdul Majid.
The first witness is expected to be the pathologist who conducted the post-mortem examination, while Shing Xuen’s mother is expected to identify photographs of her daughter and other exhibits.
Several teachers from the school are also expected to testify.
Accused cannot be identified
The accused, who was 15 at the time of the alleged offence, cannot be publicly identified or photographed under Malaysian law.
He was brought to court from the Puncak Alam Correction Centre, where he has been held in juvenile detention.
The proceedings are being conducted in camera, meaning they are not open to the public.
What happened?
According to the charge sheet, the boy is accused of murdering Shing Xuen in the girls’ toilet between 9.20am and 9.35am on Oct 14 last year.
The murder charge carries the death penalty, or imprisonment of between 30 and 40 years and whipping upon conviction.
However, because the accused was a child when the alleged offence took place, the Child Act 2001 prevents the death penalty from being imposed.
Under Section 97, a child convicted of an offence punishable by death may instead be detained at the pleasure of the Yang di-Pertuan Agong, or the relevant Ruler or Yang di-Pertua Negeri, depending on where the offence was committed.
Found fit to stand trial
Before the trial, the accused underwent a three-month psychiatric assessment at Hospital Bahagia Ulu Kinta.
Hospital director Dr Ian Lloyd Anthony subsequently found him fit to stand trial.
Three of the prosecution witnesses are aged between 13 and 17, and their testimony will be handled under the Evidence of Child Witness Act 2007.
The accused is represented by lawyer Kitson Foong. Deputy public prosecutors Raja Zaizul Faridah Raja Zaharudin, Aqharie Durranie Aziz and Ahmad Iqbal Azman are appearing for the prosecution.
Lawyers Datuk Yasmeen Shariff and Jason Lim Jie Sheng are holding watching briefs for the Bar Council and the Human Rights Commission of Malaysia respectively.
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