
The teenager, now 16 years old, was charged with murdering the victim, Nur Zahirah Safarudin, 13, at an oil palm plantation in Kalabakan, Sabah, between 12.30pm and 2.30pm, on Jan 4, 2023.
Based on the facts of the case, the victim was found in a drain with head injuries, reported Harian Metro.
Judicial commissioner Steve Ritikos said the sentence was imposed under Section 97(2)(b) of the Child Act 2001 after the Tawau High Court considered the facts of the case, public interest, and a report from the social welfare department.
Section 97(2)(b) of the Child Act 2001 states that a minor convicted of a serious crime, which would warrant the death penalty for an adult, cannot be sentenced to death.
Instead, they are ordered to be detained indefinitely at the pleasure of the Yang di-Pertuan Agong or the state ruler.
On Feb 26, the Tawau High Court found the teenager guilty of murder under Section 302 of the Penal Code after the defence failed to raise reasonable doubt on the prosecution’s case.
A murder charge under Section 302 of the Penal Code is punishable by death or 30 to 40 years in prison and a minimum of 12 strokes of the rotan upon conviction.
Based on a comprehensive evaluation of the testimony and evidence, the court was satisfied that the evidence clearly pointed to the accused, while the alibi presented did not meet the required burden of proof.
The prosecution was conducted by deputy public prosecutor Nur Nisla Latif while the accused was represented by lawyer Liew Hon Min.