By Hidir Reduan Abdul Rashid | Malaysiakini
Six former National Defence University of Malaysia (UPNM) students dodged the hangman’s noose over the 2017 death of navy cadet officer Zulfarhan Osman Zulkarnain.
A three-person Federal Court bench today unanimously allowed the six appellants’ appeal to set aside their death sentence for murder and substitute with 18 years’ imprisonment for the offence of culpable homicide not amounting to murder.
Now aged 29, the six former students are Akmal Zuhairi Azmal, Azamuddin Mad Sofi, Najib Mohd Razi, Afif Najmudin Azahat, Shobirin Sabri, and Abdoul Hakeem Mohd Ali.
On June 1, 2017, at Serdang Hospital, Zulfarhan died of injuries from 90 instances of steam ironing, which left scalding burns on 80 percent of his body.
The 21-year-old was subjected to multiple assaults over his refusal to confess to stealing a laptop of one of the six ex-students at the public university’s dorm in Kuala Lumpur between May 21 and 22 that year.
In today’s apex court ruling, bench chairperson Chief Judge of Malaya Hasnah Mohammed Hashim ruled that the Court of Appeal erred in imposing the death sentence as well as making a finding of guilty for murder under section 302 of the Penal Code.
She ordered the reinstatement of the trial High Court’s initial finding of guilty for culpable homicide not amounting to murder under section 304(a) of the Code, as well as the 18-year jail sentence.
Hasnah ruled that the prosecution’s own key witness, a forensic expert, admitted under cross-examination by defence counsel that the victim’s injury could cause death.
She noted this is contrary to the expert’s initial testimony during the examination-in-chief by prosecutors that the victim’s injury usually leads to death.
Hasnah pointed out that the prosecution team during re-examination in the trial did not try to address this portion of the expert witness’ testimony.
Intent to commit murder
The prosecution witness in question is Serdang Hospital forensic medical specialist Dr Salmah Arshad.
“We find that the element of the injury of the victim and the (prosecution’s version of events that it) usually causes death could not be proven beyond reasonable doubt (for conviction of murder).
“The victim died 10 days after the incident,” Hasnah said, pointing out this is insufficient to show the six appellants had intent to commit murder.
She also pointed out that the totality of evidence instead supports the offence of culpable homicide not amounting to murder.
After the apex-court proceedings midday, the six former students — clad in red and white prison uniforms while in the dock — were seen crying as their parents hugged them before prison officials escorted the appellants to serve their custodial sentence.
The 18-year jail sentence was ordered to run from the six appellants’ date of arrest in 2017.
The other members of today’s panel are Federal Court judges Nordin Hassan and Abdul Karim Abdul Jalil.
On Nov 2, 2021, the Kuala Lumpur High Court found the six guilty under section 304(a) of the Code for causing Zulfarhan’s death with no intent to kill and imposed an 18-year jail sentence.
However, on July 23 last year, the Court of Appeal allowed the prosecution’s appeal for the ex-students to be convicted of murder and sentenced to death.
Counsel Amer Hamzah Arshad appeared for Akmal and Azamudin.
Lawyer Hisyam Teh Poh Teik acted for Najib. Counsel M. Ramachelvam represented Afif.
Lawyer Hazman Ahmad appeared for Sobirin. Counsel Mohd Zamri Mohd Idrus represented Abdoul Hakeem.
Deputy public prosecutor K. Mangai acted for the prosecution.
