Navy cadet's death 'rarest of the rare', accused deserve death sentence: DPP

The prosecution described the 2017 death of Universiti Pertahanan Nasional Malaysia (UPNM) navy cadet Zulfarhan Osman Zulkarnain as “rarest of the rare”, hence the six former students who were convicted deserve the death penalty.

Deputy public prosecutor K Mangai submitted this to the Court of Appeal during today’s hearing of the prosecution’s appeal for the 18-year jail sentence of the six respondents to be substituted with that of the death penalty.

On Nov 2, 2021, the Kuala Lumpur High Court found the six guilty under Section 304(a) of the Penal Code for causing Zulfarhan’s death with no intent to murder and imposed an 18-year custodial sentence.

However, the prosecution is appealing for a murder conviction under Section 302 of the Code and the death penalty for the six: Muhammad Akmal Zuhairi Azmal, Muhammad Azamuddin Mad Sofi, Muhammad Najib Mohd Razi, Muhammad Afif Najmudin Azahat, Mohamad Shobirin Sabri, and Abdoul Hakeem Mohd Ali.

During the hearing before a three-person bench chaired by Hadhariah Syed Ismail, fellow bench member judge Mohamed Zaini Mazlan asked prosecutors why they were seeking the death penalty for the six.

“In regards to (seeking) the sentence (of death), I have not come across such a case. If the conscience of society is to be kept, the court must pass the death sentence.

“Here is one of the rarest of the rare cases, where it went to this extent of injury on the deceased and the manner that they (former UPNM students) treated him until his death.

“This is why they should be sentenced to death,” Mangai told the appellate bench, which also comprised judge Azmi Ariffin.

July 23 decision

At the end of proceedings, Hadhariah set July 23 for a decision on the cross-appeals by the prosecution as well as for 12 other former UPNM students.

They are:

1. Mohd Hafiz Fauzan Ismail

2. Mohamad Lukhmanul Hakim Mohd Zain

3. Ahmad Shafwan Berdal

4. Muhammad Amirul Asraff Mala

5. Luqman Hakim Shamsuri

6. Muhammad Sufi Mohd Mustapha

7. Noriznan Izzairi Noor Azhar

8. Muhamad Ashraf Abdullah

9. Muhammad Danial Firdaus Azmir

10. Muhammad Hasif

11. Muhammad Adib Iman

12. Mohamad Syazwan

These former students are appealing against their conviction under Section 330 of the Code for injuring the deceased, as well as their three-year jail sentence.

Previously, the High Court convicted the six former UPNM students of causing Zulfarhan’s death and ordered their 18-year jail sentence to run from their date of arrest on June 1, 2017.

Of the six accused, five were charged with the murder of Zulfarhan under Section 302 of the Code, which back then carried the mandatory death penalty upon conviction.

Abdoul, one of the six accused, was charged with abetting the murder under Section 109 of the Code, which carries a similar sentence.

Section 304(a) specifies a penalty of imprisonment for a term of up to 30 years and a fine.

The criminal court also sentenced five of the six accused - except Shobirin - together with their 12 friends to three years in jail, after finding them guilty of injuring Zulfarhan.

Shobirin was previously charged with the same offence but was acquitted of the charge at the end of the prosecution’s case.

They were found guilty of deliberately injuring the victim to coerce a confession from him that he had stolen a laptop.

The lower court, however, allowed a stay of execution of the jail sentence for the 12 accused, pending disposal of their appeal.

The offences were allegedly committed in room 03-05, Jebat dormitory block, UPNM between 2.30am and 5.30am on May 21, 2017, and in room 04-10 of the same dormitory block between 4.45am and 5.45am on May 22 the same year.

Zulfarhan succumbed to his injuries at Serdang Hospital on June 1, 2017. - Mkini