KUALA LUMPUR – The fate of 18 Universiti Pertahanan Nasional Malaysia (UPNM) students on charges of murdering, injuring and abetting in the killing of navy cadet Zulfarhan Osman Zulkarnain four years ago will be known on November 2.
High court judge Datuk Azman Abdullah fixed the date after hearing submissions from both sides at the end of the defence’s case.
“The court sets 10am on November 2 for a decision.”
Deputy public prosecutor Datin Kalmizah Salleh argued that the statement of Dr Salmah Arshad from Serdang Hospital’s Forensic Department, the sixth prosecution witness who conducted the post-mortem, is consistent.
“Dr Salmah found that the victim succumbed to severe burns, while the 19th defence witness, Dr Rohayu Shahar Adnan, head of the Sg Buloh Hospital Forensic Department, found that there was granulation tissue in the victim’s lungs.
“Therefore, the victim suffered pneumonia between 10 and 14 days after infection.
“According to the 31st prosecution witness, Kuala Lumpur Hospital Forensic Medicine Department head Dr Mohamad Azaini Ibrahim, 58, granulation tissue could be traced in the second week of infection.”
Kalmizah added that former UPNM medical officer Harniza Kosnan said Zulfarhan Osman never complained of shortness of breath or heart disease.
Two days ago, lawyer Amer Hamzah Arshad said there have been contradicting statements by two medical experts on the cause of death.
Kalmizah said the method used by Dr Salmah in determining Zulfarhan Osman’s death is appropriate and reasonable.
On July 31, 2019, the high court ordered the 18 UPNM students to enter their defence on charges of murdering, injuring and abetting in the victim’s killing.
Five accused – Muhammad Akmal Zuhairi Azmal, Muhammad Azamuddin Mod Sofi, Muhammad Najib Mohd Razi, Muhammad Afif Najmudin Azahat and Mohamad Shobirin Sabri – face murder charges, while Abdoul Hakeem Mohd Ali was charged with abetment.
The offences were allegedly committed in Room 04-10 of UPNM’s Jebat Hostel between 4.45am and 5.45am on May 22, 2017.
The charges are under Sections 302 and 109 of the Penal Code, which provide for the mandatory death sentence upon conviction.
The six are also accused along with 12 others of voluntarily causing hurt to Zulfarhan Osman to extort a confession from him over the theft of a laptop.
They are Mohd Hafiz Fauzan Ismail, Mohamad Lukhmanul Hakim Mohd Zain, Ahmad Shafwan Berdal, Muhammad Amirul Asraff Mala, Luqman Hakim Shamsuri, Muhammad Sufi Mohd Mustapha, Noriznan Izzairi Noor Azhar, Muhamad Ashraf Abdullah, Muhammad Danial Firdaus Azmir, Muhammad Hasif, Muhammad Adib Iman and Mohamad Syazwan.
They were charged with intentionally causing hurt to the victim, to obtain a confession that he had stolen the laptop, under Section 330 of the Penal Code, read together with Section 34 of the same code, which carries a maximum sentence of seven years’ imprisonment and a fine upon conviction.
The offence was allegedly committed in Room 03-05 of Jebat Hostel between 2.30am and 5.30am on May 21, 2017. – Bernama, October 1, 2021
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