KUALA LUMPUR: The trial of two teenagers charged with the murder of 23 people at Pusat Tahfiz Darul Ittifaqiyah started today.
In his opening statement, Deputy Public Prosecutor Othman Abdullah, said the prosecution will prove that the two accused, had the intent to start the fire at the tahfiz centre.
Othman said based on closed-circuit television (CCTV) footages, the duo were seen leaving Lorong Keramat 18, Jalan Datuk Keramat at 4.14am on Sept 14 last year on two motorcycles.
“They were seen entering the tahfiz centre by climbing over the wall with petrol filled in a water bottle at about 4.30am.
“They left the scene in a hurry by climbing the same wall before fleeing on the motorcycles,” he said.
He said investigation by Fire and Rescue Department revealed that the incident had been categorised as incendiary fire.
Investigation, he said, showed that the fire had started in front of the tahfiz centre’s dorm room.
“The source of the fire is from a lighter used to ignite the petrol which was splashed on the towel rack, shoes, walls, and the dorm’s door.
“The flames grew stronger as there were liquefied petroleum gas (LPG) canisters which had caused the fire to spread rapidly throughout the hostel’s room.
“Police investigation also revealed that the accused had the intention to burn down the tahfiz centre,” he said.
The accused were represented by counsel Haijan Omar, while lawyers Boestaman Ahmad, Roswadya Roslan, and Mohd Tajuddin Abd Razak held a watching brief for the religious centre and families of the victims.
The two boys, who were then 16-years-old, were jointly charged with the murder and causing the death of 23 people at the tahfiz centre last year.
They are being charged under Section 302 of the Penal Code, read together with Section 34 of the same law, and face the mandatory death sentence, if found guilty.
However Section 97(1) of the Child Act 2001 states that a death sentence shall not be pronounced or recorded against a person convicted of an offence if the child is under the age of 18, and in lieu of the death sentence, as provided under Section 97 (2) of the same law, the court shall order the person to be detained at the pleasure of the Yang di-Pertuan Agong.
Section 94 of the law also empowers the court to order the parents or guardians of the child offender to pay fine or compensation.
In the incident at 5.15am on Sept 14, 21 students and two teachers died when they were trapped on the third floor of the religious residential school hostel which was on fire.
The trial continues tomorrow before Judge Datuk Azman Abdullah.