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Death penalty for Ex-UPNM students justified, says MCPF

PUTRAJAYA: The death sentence handed down by the Court of Appeal to six former students of the National Defence University (UPNM) for the murder of Naval Cadet Officer Zulfarhan Osman Zulkarnain seven years ago is appropriate and just, said the Malaysian Crime Prevention Foundation (MCPF).

MCPF senior vice-chairman Datuk Seri Ayub Yaakob, in a statement today, said the organisation believes that torturing someone to death is a blatant violation of human norms, especially when perpetrated by educated individuals.

“The act of taking a human life by those with no regard for others is prohibited in Islam,“ he said.

Ayub said the MCPF does not agree with the objection raised by the Human Rights Commission of Malaysia (Suhakam) regarding the death sentence imposed on the six.

“Suhakam needs to understand that although the government has abolished the mandatory death penalty for murder and drug trafficking cases, judges still have the authority and discretion to impose the death penalty in certain cases,” he said.

Suhakam, in a statement, had voiced its objection to the death penalty handed down to the six former students involved, arguing that such a punishment is neither a fair nor effective solution.

The human rights watchdog also urged the government to reconsider the implementation of the death penalty and work towards a more equitable and humane justice system for all.

On Tuesday, the Court of Appeal sentenced six former UPNM students to death, namely Muhammad Akmal Zuhairi Azmal, Muhammad Azamuddin Mad Sofi, Muhammad Najib Mohd Razi, Muhammad Afif Najmudin Azahat, Mohamad Shobirin Sabri and Abdoul Hakeem Mohd Ali.

A three-judge panel led by Judge Datuk Hadhariah Syed Ismail allowed the prosecution’s cross-appeal to reinstate Section 302 of the Penal Code faced by all the accused previously.

Justice Hadhariah, in a unanimous decision, said the High Court judge erred in amending the original charge from Section 302 of the Penal Code, which is murder, to Section 304 (a) of the Penal Code.

In her ruling, Justice Hadariah said the court found the five defendants had taken turns pressing a steam iron on the entire body of the deceased (Zulfarhan), including his private parts, while Abdul Hakeem was complicit in inciting and instructing the five defendants to do so.

“Therefore, we unanimously decide that a single sentence is appropriate for all six defendants, and they shall be taken to a place of execution where they will be sentenced to death by hanging.

“Therefore, the court overturns the 18-year prison sentence imposed by the High Court on the six defendants and replaces it with the death sentence,“ the judge ruled.

Zulfarhan died at Serdang Hospital on June 1, 2017.

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