PUTRAJAYA: Six former students of the Malaysian National Defence University (UPNM), sentenced to death for the murder of their colleague eight years ago, escaped the gallows with the Federal Court setting aside the sentence today.
However, it upheld the 18-year prison sentence imposed on them for causing Navy Cadet Officer Zulfarhan Osman Zulkarnain’s death without intent to kill him.
The decision was made by a three-judge panel led by Chief Justice of Malaya Datuk Seri Hasnah Mohammed Hashim after allowing their appeal to set aside the conviction and death sentence.
Also on the bench were Federal Court judges Datuk Nordin Hassan and Datuk Abdul Karim Abdul Jalil.
On July 23, last year, the Court of Appeal sentenced the six students to death for the murder of Zulfarhan, after allowing the prosecution’s cross-appeal to reinstate their initial murder charge under Section 302 of the Penal Code.
Judge Datuk Hadhariah Syed Ismail, when delivering the unanimous decision, said that the High Court judge had erred in amending the original murder charge under Section 302 of the Penal Code to Section 304 (a) of the Penal Code.
The six students, now aged 29, are Muhammad Akmal Zuhairi Azmal, Muhammad Azamuddin Mad Sofi, Muhammad Najib Mohd Razi, Muhammad Afif Najmudin Azahat, Mohamad Shobirin Sabri and Abdoul Hakeem Mohd Ali.
Muhammad Akmal, Muhammad Azamuddin, Muhammad Najib, Muhammad Afif, and Mohamad Shobirin were initially charged under Section 302 of the Penal Code for murder, which provides for a mandatory death penalty upon conviction, while Abdoul Hakeem was charged as an accomplice under Section 109 of the same law, which also carries the mandatory death penalty.
However, on Nov 2, 2021, the Kuala Lumpur High Court found the six students guilty of culpable homicide not amounting to the murder and sentenced them to 18 years in jail.
They were charged with committing the offence in a room at the Asrama Jebat block, UPNM, between 4.45 am and 5.45 am on May 22, 2017. Zulfarhan died at the Serdang Hospital on June 1, 2017.
