KUALA LUMPUR: It was chaotic at the magistrate's court here this morning when six suspects tied to the deadly fire which killed 23 people at a tahfiz centre in Datuk Keramat were brought to be charged.
Two of the underage youths, both aged 16-years-old, were charged with murder while the others were charged with self administration of drugs.
About 50 members of the media had swarmed the court house as early as 7am after City police chief Datuk Amar Singh broke the news yesterday that the youths were to be charged today.
Several people believed to be family members of the accused and the victims were also present in court.
However, only family members of the accused were allowed to stay in court while everyone in the public gallery, including members of the media and family members of the victims, were ushered out by the policemen.
They were not allowed to enter the courtroom as all proceedings were held in camera under section Section 15 (4) of the Child Act 2001. A policeman and several court officers were manning the court entrance.
The duo were charged before magistrate Siti Radziah Kamarudin with murdering 21 tahfiz students and two wardens at Pusat Tahfiz Darul Quran Ittifaqiyah between 4.15am and 6.45am on Sept 14.
No pleas were recorded from them.
The offence falls under Section 302 of the Penal Code read together with Section 34 of the same Code which carries a death penalty.
However, the duo cannot be punished with death as under Section 97(1) of the Child Act 2001 the death penalty cannot be imposed on children under the age of 18.
Their punishment would be under Section 91(1) of the Child Act 2001, which includes whipping, fine or detention at an approved school.
Deputy Public Prosecutor Othman Abdullah prosecuted. All the accused were unrepresented.
Meanwhile, the duo together with four others, including 18-year-old Mohamad Shahrul Nizam Ikmal Shafi-in, were charged at two other magistrate’s courts with self administration of drugs.
The duo pleaded guilty to the offence while the other three, brothers aged 16 and 17 and a 12-year-old, claimed trial when the charges were read to them before magistrate Zilfinaz Abbas.
Lawyer Noor Svetlana Mohd Noor Nordin who represented the three (who pleaded not guilty) said the court did not offer bail to her clients.
“However, the court allowed bail at RM3,000 for the 12-year-old,” she said.
In another court, Mohamad Shahrul Nizam also pleaded guilty to a similar offence committed at the same place and time when the charge was read to him before magistrate Umzarul An-Nur Umar.
Both magistrates postponed sentencing of those who pleaded guilty pending reports from the chemistry department and welfare department.
All of the accused were alleged to have consumed cannabis, methamphetamine (syabu), and Tetrahdrocannabinol-9-carbolic acid at Dang Wangi Police Headquarters about 11.35am on Sept 16.
The court fixed Nov 28 for mention.
On the morning of Sept 14, a fire broke out at the Darul Quran Ittifaqiyah tahfiz centre in Keramat. Of the 23 people who died, 21 were students while the other two were wardens.
Investigators later established that the fire, which started at the entrance of the third floor dormitory, came about under suspicious circumstances.
Forensic experts found traces of petrol, as well as two gas cylinder tanks at the entrance of the dormitory.
CCTV images from nearby buildings also showed the presence of several teenagers who had crept into the tahfiz centre building hours before the fire started.
A day after the incident, police arrested seven suspects, aged between 12 and 18. It was later established that the teens had torched the building as a form of revenge, after being embroiled in an argument with some of the tahfiz students.