Classmate charged with Irene Sofiya's murder, case to be mentioned on Dec 22

BATU PAHAT: A 16-year-old Form Four student was charged at the Magistrate's Court here on Thursday with the murder of his classmate, Irene Sofiya Mohd Khairool Faisal, at a secondary school in Yong Peng earlier this month.

The accused nodded to indicate he understood the charge read before Magistrate Mustaqim Sukarno. The court recorded no plea, as murder cases fall under the jurisdiction of the High Court.

Proceedings were held behind closed doors because the accused is a child in the eyes of the law, and his identity is protected from public disclosure.

According to the charge, the teenager is alleged to have caused the death of Irene Sofiya, also 16, in the school hall between 2.30pm and 4pm on Oct 3.

The charge was framed under Section 302 of the Penal Code, which provides for the death penalty or imprisonment of between 30 and 40 years, together with no fewer than 12 strokes of the cane where a death sentence is not imposed.

Section 97(1) of the Child Act 2001, however, provides that a death sentence shall not be pronounced on a person who was a child when the offence was committed. The Act provides instead that a child convicted of such an offence is detained at the pleasure of the Ruler for an offence committed in that state, with the case reviewed at least once a year by a Board of Visiting Justices, which may advise release or continued detention.

A trial for a grave offence of this kind is conducted in the High Court, subject to the same reporting restrictions and identity protections.

Deputy public prosecutors Juanita Mohd Said and Firdaus Ruslan appeared for the prosecution, while the accused was represented by lawyers Suhaila Shafiuddin and Mohd Azlan Shah Mohd Allias.

Mohd Azlan Shah said the accused could not be released on bail because the charge was brought under Section 302.

The court set Dec 22 for mention, to allow the prosecution to obtain forensic pathology and post-mortem reports that are still outstanding.

Irene Sofiya was found unconscious with injuries and blood on her body in the school hall at about 5.50pm on Oct 3, and was pronounced dead.

The director of the Bukit Aman Criminal Investigation Department had earlier confirmed that the cause of death was trauma from a blunt object to the head. The full forensic and post-mortem reports are still being prepared.

Police earlier seized an iron rod believed to be connected to the case, and sent the seized items to the Chemistry Department for forensic examination.

Three teenage boys were detained over the case. The 16-year-old charged on Thursday was remanded for six days from Oct 4, and that remand was extended by a further six days from Oct 10, ending on Oct 15.

Only one was brought to court on Thursday.

Irene Sofiya's death has drawn wide attention and raised questions about student safety, supervision of school grounds and the prevention of violence among teenagers. Education Minister Datuk Seri Fadhlina Sidek said earlier that the school had closed-circuit cameras but that none were installed where the killing took place.

The items seized and the early police findings do not by themselves establish the guilt of the accused.

A charge is not a finding of guilt. The accused is presumed innocent until proven otherwise in court.