Appeals Court Reinstates Death Penalty For 6 Former Students Who Murdered UPNM Navy Cadet Zulfarhan
The court stated it has proven beyond reasonable doubt that the six accused carried out a murder at UPNM Jebat hostel block on 22 May 2017.
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The Court of Appeal has found six former National Defence University (UPNM) students guilty of murdering navy cadet Zulfarhan Osman Zulkarnain in 2017.
The three-judge panel led by Judge Datuk Hadhariah Syed Ismail held that the prosecution had proved beyond reasonable doubt that the six accused murdered Zulfarhan at UPNM’s Jebat hostel on 22 May 2017 and reinstated the murder charge today (23 July).
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.
The court also found the five defendants took turns pressing a steam iron all over the deceased’s body, including his private parts, while Abdul Hakeem incited and instructed the five to do so.
Zulfarhan died at Serdang Hospital on 1 June 2017.
Due to the nature of the crime, it was unanimously decided that there would only be one sentence for all six accused persons and they would be hung to death.
We agree with the prosecution that the way the murder was conducted shocked not only the judicial conscience but even the collective conscience of the society. This case is the rarest of the rare involving a heinous crime. Such cruelty must be stopped.
Justice Hadhariah Syed Ismail
Hadhariah added that the six could see how much pain Zulfarhan was in but they closed their eyes and continued to press the hot iron all over the body except for the face, resulting in 90 burn marks on the victim’s body.
She mentioned how devastated the parents must have felt after they saw the state of their late son.
Only Allah would know how they must have been destroyed when they saw that their son was treated that way.
Justice Hadhariah Syed Ismail
Previously, on 2 November 2021, the High Court amended the charge to Section 304(a).
Judge Hadariah stated that the High Court judge has erred and will reinstate Section 302 of the Penal Code.
Zulfarhan’s parents prostrated and prayed outside the courtroom out of gratefulness after the charge was read today.
Ibu bapa kepada Pegawai Kadet Laut Zulfarhan Osman Zulkarnain iaitu Zulkarnain Idros, 60, dan Hawa Osman, 61, membuat sujud syukur selepas mendengar keputusan Mahkamah Rayuan hari ini yang menjatuhkan hukuman gantung sampai mati ke atas enam bekas penuntut UPNM kerana membunuh… pic.twitter.com/HQrP1ONpJV
— BERNAMA (@bernamadotcom) July 23, 2024
READ MORE: Father Of Navy Cadet Who Was Tortured To Death Wants Mandatory Death To Stay
READ MORE: TLDR: Six Former Students Escape Gallows For UPNM Torture Case, Gets 18 Years In Jail
Meanwhile, the three-judge panel also overturned the three-year prison sentences of 12 other former UPNM students to four years of imprisonment.
The 12 are charged under Section 330 of the Penal Code for intentionally causing injury to Zulfarhan to coerce a confession that he stole a laptop at the Jebat hostel between 21 and 22 May 2017.
The twelve, all aged 28 now, 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.
READ MORE: School Bullies Caught On Camera, Netizens Demand School’s Name
What does the sentence today mean?
There is still a long way to go before sentences are carried out. In this case, there will be an appeal at the Federal Court.
In cases of death sentences, the appeal to the Federal Court is automatic.
The last resort, if the Federal Court upholds the death penalty, is to seek a royal pardon.
This process follows the Federal Constitution where no one shall be deprived of his life or liberty except under the law.
Salam, sedikit pencerahan, bagi kes yang ada hukuman mati, appeal ke mahkamah persekutuan adalah automatik. https://t.co/zzDjTF6Wa7
— Wolbach Chomusuke🇵🇸 (@ZackAvaricious) July 23, 2024
Fasal 1 Perkara 5 perlembagaan persekutuan.
— Wolbach Chomusuke🇵🇸 (@ZackAvaricious) July 23, 2024
Tiada seseorang berhak untuk diambil nyawanya kecuali mengikut undang2.
Undang2 = exhaust semua proses rayuan sehingga Mahkamah Persekutuan dan Pengampunan Diraja. pic.twitter.com/ZgXRIlax82
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