Murder conviction set aside.
Six former cadets from the National Defence University of Malaysia (UPNM) have been sentenced to 18 years in prison after the Federal Court overturned their death sentences for the death of fellow cadet Zulfarhan Osman Zulkarnain.
A three-judge panel, led by Chief Judge of Malaya Justice Hasnah Mohamed Hashim, allowed the appeal and set aside the death penalty imposed by the Court of Appeal. The six convicted individuals 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 decision, Justice Hasnah stated that the prosecution had failed to establish the elements of murder beyond reasonable doubt. The court found that the charge under Section 300(c) of the Penal Code was untenable in proving murder.
“We therefore set aside the murder conviction. However, there was sufficient evidence to find them guilty of committing culpable homicide not amounting to murder,” Justice Hasnah said.
The panel reinstated the 2021 Kuala Lumpur High Court decision, sentencing them to 18 years’ imprisonment from their arrest date, 1 June 2017. Federal Court judges Justices Nordin Hassan and Abdul Karim Abdul Jalil were also part of the panel.
On 23 July last year, the Court of Appeal had sentenced the six to death after allowing the prosecution’s cross-appeal to reinstate their initial murder charge under Section 302 of the Penal Code. The appellate court ruled that the High Court judge had erred in reducing the charge.
Initially, the first five accused were charged under Section 302, which mandates the death penalty, while Abdoul Hakeem faced an abetment charge under Section 109, carrying the same punishment. However, the High Court later amended the charge to Section 304(a), convicting them on 2 November 2021 for causing Zulfarhan’s death without intent to kill. Section 304(a) carries a maximum sentence of 30 years’ imprisonment and a fine.
The former cadets, now aged 29, were convicted of committing the offence at the Asrama Jebat block, UPNM, between 4:45am and 5:45am on 22 May 2017. Zulfarhan succumbed to his injuries at Serdang Hospital on 1 June 2017.
Defence lawyer Datuk Hisyam Teh Poh Teik expressed gratitude for the reinstatement of the High Court’s sentence. “This means they are now serving 18 years from the date of arrest, and with the one-third remission rule, they could be released in about four years,” he said.
Zulfarhan’s mother, Hawa Osman, 62, appeared sombre following the ruling. Sitting in the public gallery, she was seen praying as the verdict was announced. Though saddened, she accepted the decision.
“All the decisions made by the Federal Court must be accepted. The judges are more knowledgeable in the law. That’s all I can say,” she remarked outside the courtroom.
Throughout the trial, Hawa and her husband, Zulkarnain Idros, 61, attended proceedings, seeking justice for their son. The family often wore matching T-shirts bearing slogans such as #justice4farhan and #saynotobully.
When asked how she would respond if the convicted men sought her forgiveness after serving their sentences, Hawa said, “If they want to apologise, they should apologise to Zulfarhan. If they apologise to me, even if I forgive them, Zulfarhan is no longer here.”
Zulkarnain, meanwhile, stated that he preferred not to see them again. “Old wounds may bleed. The wound has healed, but the scar remains,” he said.