By Free Malaysia Today
The Court of Appeal has ordered two teenagers to enter their defence on an initial murder charge they faced over the killing of seven-year-old Aimin Nurul Amin at a tahfiz centre nearly five years ago.
A three-member bench, comprising Justices Ahmad Zaidi Ibrahim, Azman Abdullah, and Azmin Ariffin, overturned a High Court ruling last year that had amended the charge from murder to culpable homicide not amounting to murder, Bernama reported.
During today’s proceedings, Zaidi said the court found the evidence and testimonies presented by the prosecution were sufficient to establish a prima facie case and the element of intent to commit murder.
The teenagers were then ordered to enter their defence before the same judicial commissioner, Roslan Mat Nor, at the Temerloh High Court in Pahang, with Aug 19 set for the case mention.
Deputy Public Prosecutor Khairul Aisamuddin Abdul Rahman prosecuted while the teenagers were represented by Amer Hamzah Arshad, Joshua Tay and Lee Yee Woei.
The teenagers, who were 13 years old at the time of the alleged crime, are accused of killing Aimin at Maahad Tahfiz Nahdah Syubban Addiniyah in Kampung Kuala Kaung, Lanchang, Temerloh, between 11.30am and 1.30pm on Nov 7, 2019.
On March 6 last year, Roslan ruled that the prosecution had failed to prove the element of intent to commit murder and amended the charge.
The teenagers subsequently pleaded guilty to culpable homicide not amounting to murder, and were given a three-year detention sentence at the Henry Gurney School effective March 6, 2023.
The judicial commissioner’s findings described the assault in detail, noting that the teenagers punched, stomped on, and threw the victim onto the floor of the dormitory, resulting in severe injuries.
