PUTRAJAYA: The Court of Appeal today imposed the death sentence on six former students of Universiti Pertahanan Nasional Malaysia (UPNM) for the murder of Navy Cadet Officer Zulfarhan Osman Zulkarnain seven years ago.
The sentence was meted out after 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 initially faced by all the accused.
The accused 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.
Delivering the unanimous decision, Judge Hadhariah stated 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.
“Therefore, the court allows the prosecution’s appeal to set aside the amended charge and reinstate Section 302 of the Penal Code,“ she said, sitting alongside Judges Mohamed Zaini Mazlan and Datuk Azmi Ariffin.
In her ruling, Judge Hadhariah stated that 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.
“Thus, the court overturns the 18-year prison sentence imposed by the High Court on the six defendants and replaces it with the death sentence,“ said the judge.
Initially, Muhammad Akmal, Muhammad Azamuddin, Muhammad Najib, Muhammad Afif, and Mohamad Shobirin faced murder charges under Section 302 of the Penal Code, which provides for a mandatory death penalty upon conviction.
Whereas, Abdoul Hakeem was charged as an accomplice under Section 109 of the same Code, which also carries a mandatory death penalty.
The Kuala Lumpur High Court had then found all six defendants guilty of causing injury to Zulfarhan with intent but without the intention to kill, under Section 304 (a) of the Penal Code, which provides for imprisonment of up to 30 years and a fine if the act was committed with the intent to cause death.
All of them were accused of committing the acts in a room at the Jebat Hostel block, UPNM, between 4.45 am and 5.45 am on May 22, 2017.
Zulfarhan passed away at the Serdang Hospital on June 1, 2017.
Meanwhile, the three-judge panel overturned the three-year prison sentences imposed on 12 other former students of the same university for injuring Zulfarhan to four years of imprisonment.
The 12 are Mohd Hafiz Fauzan Ismail, Mohamad Lukhmanul Hakim Mohd Zain, Ahmad Shafwan Berdal, Muhammad Amirul Asraff Mala, Luqman Hakim Shamsuri Agus, Muhammad Sufi Mohd Mustapha, Noriznan Izzairi Noor Azhar, Muhamad Ashraf Abdullah, Muhammad Danial Firdaus Azmir, Muhammad Hasif Ismail, Muhammad Adib Iman Fuad Ady Sani, and Mohamad Syazwan Musa.
They were found guilty of deliberately causing injury to Zulfarhan to obtain a confession that he had stolen a laptop and were charged under Section 330 of the Penal Code, which provides for a maximum penalty of seven years in prison and a fine, upon conviction.
All of them, now aged 28, were accused of committing the acts in two rooms at the Jebat Hostel block, UPNM, between May 21 and 22, 2017.
