IN a significant ruling today, the Federal Court of Malaysia has overturned the death sentence for six former students of the National Defence University of Malaysia (UPNM) who were convicted of the murder of Naval Cadet Officer Zulfarhan Osman Zulkarnain (pic) eight years ago.
However, the court has upheld their 18-year prison sentence, which was previously imposed by the Kuala Lumpur High Court.
The three-member panel, chaired by the Chief Judge of Malaya, Datuk Seri Hasnah Mohammed Hashim, and comprising Federal Court Judges Datuk Nordin Hassan and Datuk Abdul Karim Abdul Jalil, accepted the final appeals of the six men, who had been sentenced to death by hanging following an earlier decision by the Court of Appeal on July 23 of last year.
The six individuals—Muhammad Akmal Zuhairi Azmal, Muhammad Azamuddin Mad Sofi, Muhammad Najib Mohd Razi, Muhammad Afif Najmudin Azahat, Mohamad Shobirin Sabri, and Abdoul Hakeem Mohd Ali—are now aged 29.
They were initially convicted for the fatal assault on Zulfarhan, which occurred at the university's Jebat Hostel between 4:45 AM and 5:45 AM on May 22, 2017. Zulfarhan later succumbed to his injuries at Serdang Hospital on June 1, 2017.
In its judgment, the Federal Court panel stressed that the prosecution had failed to prove beyond reasonable doubt that the injuries inflicted on Zulfarhan led to his death.
This led the court to conclude that the lower court's decision under Section 304(a) of the Penal Code, which deals with causing death without the intention to kill, was correct.
Chief Judge Datuk Seri Hasnah explained that the court had found no reasonable doubt in the element of the victim’s injuries leading to his death. Consequently, the Federal Court ruled that the conviction under Section 304(a) of the Penal Code was upheld, with the six men receiving a prison sentence of 18 years instead of the previously imposed death sentence.
"Therefore, the Federal Court has decided to uphold the decision of the High Court, and the 18-year prison sentence remains as originally imposed,” said Datuk Seri Hasnah in her ruling.
The case had initially sparked widespread outrage in the country due to the brutal nature of the assault, which involved the use of electric shocks and beatings by the six accused.
On July 23, 2024, the Court of Appeal had revised the High Court's decision, imposing the death sentence after the prosecution's cross-appeal succeeded in reinstating the murder charge under Section 302 of the Penal Code.
This decision was subsequently challenged, leading to today’s ruling by the Federal Court.
In a previous ruling on November 2, 2021, the High Court had sentenced the six students to 18 years in prison after finding them guilty under Section 304(a), which addresses causing death without intent to kill, recognizing the lesser degree of culpability in their actions.
The convicted individuals are now facing significant prison terms for their role in Zulfarhan's tragic death, though they were spared the death penalty in today’s decision. – February 28, 2025.
