KUALA LUMPUR, July 17 — Three child witnesses are expected to give evidence under special court safeguards when the High Court next month hears the murder trial of a 15-year-old boy accused of killing his 16-year-old schoolmate, New Straits Times reported.
Defence lawyer Kitson Foong said the prosecution plans to call 11 witnesses, including three children aged between 13 and 17 whose testimony will be governed by the Evidence of Child Witness Act 2007.
“The prosecution will update the court on whether these child witnesses will require special arrangements to give evidence, including testifying from a separate courtroom via live television link if they are not comfortable giving evidence face-to-face in the witness box,” he said after a pre-trial case management before High Court judge Adlin Abdul Majid today.
Foong said that if required, the proceedings would move to a Sessions Court equipped with live-link facilities to enable the children to testify remotely.
The trial has been fixed for August 3 to 6 and August 10 to 13.
Foong said the prosecution expects to close its case during the trial’s first week, while the defence anticipates extensive cross-examination, particularly of the investigating officer.
Should the court rule that the defence must answer the charge, he said it was ready to proceed immediately.
“If the court calls for the defence at the close of the prosecution’s case, we will proceed immediately during the remaining trial dates.
“At this stage, the defence expects to call two witnesses — the boy himself and a psychiatric expert,” he said.
Foong also said the prosecution had handed over witness statements for most of its witnesses to help ensure an expeditious trial.
He added that the judge had also allowed 57 exhibits to be tendered before trial, including search lists, police reports, post-mortem findings, crime scene investigation reports and photographs.
The accused, who cannot be identified because he was a child at the time of the alleged offence, was present in court after being brought from the Puncak Alam Correctional Centre.
Deputy public prosecutors Raja Zaizul Faridah Raja Zaharudin and Aqharie Durranie Aziz appeared for the prosecution, while Datuk Yasmeen Shariff and Jason Lim Jie Sheng held watching briefs for the Bar Council and the Human Rights Commission of Malaysia, respectively.
The boy has pleaded not guilty to a charge of murder under Section 302 of the Penal Code.
A three-month psychiatric assessment by Hospital Bahagia Ulu Kinta concluded that he is fit to stand trial.
According to the charge sheet, he is accused of murdering Form Four student Yap Shing Xuen in the girls’ toilet of SMK Bandar Utama Damansara (4) between 9.20am and 9.35am on October 14 last year.
Murder is punishable by death or imprisonment of between 30 and 40 years, together with up to 12 strokes of the rotan.
However, because the accused was a child at the time of the alleged offence, Section 97 of the Child Act 2001 bars the death penalty.
A child convicted of a capital offence must instead be detained at the pleasure of the Yang di-Pertuan Agong or the state’s Ruler, depending on where the offence was committed.
