1 youth remains imprisoned for killing of 23 residents of tahfiz Ittifaqiyah, 1 more remains freed

September 11, 2023  

SHAH ALAM, 11 SEPT: The Putrajaya Court of Appeal today ruled that the man accused of killing 23 tahfiz residents six years ago remains in prison for as long as the Yang di-Pertuan Agong approves.

The unanimous decision of three panels of judges chaired by Datuk Abu Bakar Jais related to the fire case at the Tahfiz Darul Quran Ittifaqiyah Center in Kampung Datuk Keramat, Wangsa Maju, reported Berita Harian.

The accused who was 16 years old at the time of the incident did not face the death penalty because he was under 18 years old.

On May 11, Deputy Public Prosecutor How May Ling argued that the fire was caused by more than one person because it was impossible for a teenager to lift two 28kg gas canisters at once.

He explained that one gas barrel was placed vertically and another horizontally before petrol was sprinkled and a lighter lit in front of the door of the tahfiz center.

On 17 August 2020, the accused, who is now 22 years old, was convicted by the High Court of murder and ordered to be detained in prison for the period approved by the Yang di-Pertuan Agong.

The prosecution called a total of 71 witnesses, while six defense witnesses were called to testify throughout the trial which began on 30 May 2018.

In a heartbreaking incident on 14 September 2017, a total of 21 students and two teachers of the tahfiz center died after being trapped on the third floor of the center's dormitory which caught fire.

Prosecutions are made in accordance with Section 302 of the Penal Code (KK) read together with Section 34 of the KK which provides for the mandatory death penalty if convicted.

However, Section 97(1) of the Children's Act 2001 provides that offenders under the age of 18 cannot be subjected to the death penalty and can be replaced with a prison sentence according to Section 97(2) of the same act.

Mahkamah Rayuan hari ini memutuskan seorang lelaki yang berdepan tuduhan membunuh 23 penghuni tahfiz dalam kebakaran Pusat Tahfiz Darul Quran Ittifaqiyah, enam tahun lalu, kekal dilepas dan dibebaskan. pic.twitter.com/lzGlBFGrl5

— BERNAMA TV 🇲🇾 (@BernamaTV) September 11, 2023