Written by: Averroes
About three years ago as of 14th of September 2017 at Kampung Datuk Keramat, a teenage boy was alleged to have murdered 21 students and 2 teachers (who were the warden ) in an arson at the Pusat Tahfiz Darul Quran Ittifaqiyah. Each of the death of each students is considered as one charge, with each punishable with the death penalty. The case was initiated on 30th May, 2018 with Deputy Public Prosecutor, Julia Ibrahim and lawyers Hajian Omar and Ravin Jay for the accused. There were a total of 71 witnesses as the first stage of prosecution.
The witnesses include, Edwin Galan Teruki who is a Director from the Fire Safety Division of the Fire and Rescue Department Malaysia. The cause of the engulfing flares originated when two gas tanks were found at the tahfiz school area which was perforated. The two tanks were hurdled into the school by the teenagers from a nearby kiosk as they breached in and set fire to the petrol which caused the spread of fire.
Another witness was a Science Officer from the Fire Investigation Lab of the same Department, Kuala Lumpur Branch, Yusnita Osman said that stains of petrol was found in samples that was extracted from the smoldered building.
The accused was brought to court and as of today on 17th August, he was given judgement guilty by the High Court, Kuala Lumpur by Datuk Azman Abdullah which was scheduled at around 2.30 pm. On that particular day, the accused was seen sobbing and leaning on the chair inside the court.
Actually, the case made its closing remarks on 19th of June which summoned six witnesses. Before that as on 28th of January, the judge ordered the accused teenager to defend himself when he was 16 during the time of offence. This was because, the prosecution team successfully proved him beyond the prima facie threshold toward the current turned 19-year-old. However, the court acquitted another individual who is the same age of the accused without being called for defense.
That other individual was said to have been the accomplice who was not identified committed the arson, located at Jalan Keramat Hujung, Kampung Datuk Keramat, Wangsa Maju in Kuala Lumpur as of between 4.15 am to 6.45 am. He told the court that he and the accused were sniffing cannabis before the fire began. One witness said that the six friends including the accused came to his house where they rode motorcycles before heading to a shed at Taman Balak, Datuk Keramat in Kuala Lumpur to sniff cannabis between the 1 and 2 O'clock night on the day of incident.
If he is found guilty, then he may face the death penalty as provided as under section 302 ad 34 of the Penal Code for it being mandatory.
Section 302 of the Penal Code states, "Whoever commits murder shall be punished with death."
Whereas, section 34 of the Penal Code states, "When a criminal act is done by several persons, in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if the act were done by him alone."
On the contrary, during the time when the offence was committed the accused was only 16 years old and have not reached the age of majority, thus prohibiting him from facing the gallows. This is prohibited as under section 97(1) of the Child Act 2001 which provides that, "A sentence of death shall not be pronounced or recorded against a person convicted of an offence if it appears to the
Court that at the time when the offence was committed he was a child."
Furthermore as under section 97(2) of the same Act, it has the effect that the death penalty would be substituted with imprisonment with the term decided by the Yang Di-Pertuan Agong as under paragraph (a) and for the ruler's pleasure if the offence committed in the states other than Federal Territories as under paragraph (b).
The High Court Judge states that it all depends on the Yang Di-Pertuan Agong to place certain conditions on detainment from time to time. The defend counsel for the accused will make an appeal and states that the offender expressed his apologies to all parties involved.
To break it short, it was said that it was from revenge and miscommunication between the teenagers and the students from the Tahfiz school. The Tahfiz students insulted and mocked the six teenagers who were sniffing cannabis which escalated into a tense situation. This animosity later led the six teenagers including the accused to ignite fire onto the school.
Hear-breaking accounts were still permanent in the memories of those who were stunned by it. They could hear the voice of a students trapped inside the engulfed flame calling out, “Panas.. panas.. abang tolong panas!" They saw the students and teachers waving their hands for mercy, the nearby neigbours reached them out to jump from the third floor and their escape was futile as the safety of the building were in shambles. The windows grating were locked.
Some students managed to escape by crawling through narrow pipe passages and made it with burns and blisters. The parents of the children were devastated by the turn of events. One mother said she lost all three of her boys, one mother received a letter from her 11 year old son before the fire. The letter said that he was grateful to have studied in the Tahfiz school and sought forgiveness from her mother. His mother would always give bread and snacks, bought Fried Rice and Iced Tea.
To conclude, we have to teach and educate the youths on respect and mutual understanding between each other, regardless of where we hail from, our race, religion and beliefs in life. As parents and future-to-be, we have to present good values and morals towards children, because as they grow up, they are driven by emotions rather than rationality. Children and teenagers for most parts have not attained maturity and the ability to determine what is wrong and right. Therefore, we have to instill good qualities and characteristics into the youth, so that they would think and act, not the opposite.
Let us celebrate and uphold our younger generations and develop them so that they would become future leaders whom can sit down together, have a meaningful discussion and reach a compromise without violence and hatred.
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