Prosecution demands death penalty for ex-UPNM students in fatal bullying case

 

Naval cadet officer Zulfarhan Osman Zulkarnain died in Serdang Hospital on June 1, 2017, having suffered 90 scald burns to his body. (Facebook pic)

PUTRAJAYA: The Court of Appeal heard today that the conduct of six former students of Universiti Pertahanan Nasional Malaysia (UPNM) – who tortured naval cadet officer Zulfarhan Osman Zulkarnain, resulting in 90 scald burns covering 80% of his body – constituted an extreme act.

Deputy public prosecutor K Mangai submitted that evidence indicated that at the direction of one student, five others took turns to press the steam iron 90 times against Zulfarhan’s body, which led to his death.

The six former students are Akmal Zuhairi Azmal, Azamuddin Mad Sofi, Najib Razi, Afif Najmudin Azahat, Shobirin Sabri, and Abdoul Hakeem Ali.

According to Mangai, former UPNM students Ahmad Senabil Mohamad and Syafiq Abdullah were the eyewitnesses in this case.

Their testimonies indicated that the first five defendants alternately pressed the steam iron on the deceased at the instruction of Hakeem.

“Hence, the public prosecutor urges this court to impose the death penalty on all six defendants as a deterrent to the community and to emphasise the rejection of bullying and extreme abuse.

“We additionally urge the court to reinstate the original charge of murder,” she said during the prosecution’s appeal against the 18-year prison sentence handed to the six UPNM students convicted of causing the death of Zulfarhan without intent to kill.

Mangai further contended that prosecution witness Dr Salmah Arshad, a forensic medical expert from Serdang Hospital who conducted the autopsy on the deceased, stated that the scalding burns were the cause of death.

“According to Salmah, out of the 90 burn marks on the deceased’s body, 29 were third-degree, indicating the most severe level of burns, with visible wet muscle tissue and bleeding.

“These burn injuries would lead to death even with treatment,” she said.

Mangai said Zulfarhan’s mother had submitted a victim impact statement, revealing her trauma and reluctance to allow her other children to join uniformed organisations after the loss of her son.

“The victim’s mother appeals for a just sentence to act as a deterrent and to raise awareness within society to prevent the recurrence of such tragic incidents,” Mangai added.

Meanwhile, Najib’s lawyer Hisyam Teh Poh Teik, submitted that the trial judge had failed to appreciate his client’s defence and did not consider the evidence of the 20th defence witness, Alif Farhan Aerosni.

“He is a crucial witness for my client, and in previous testimony, the witness stated that he was with Najib on the dates of the incident (May 21-22, 2017) and they were studying in their friend’s room,” Hisyam said.

Shobirin’s lawyer Hazman Ahmad argued that his client’s admission to pressing the steam iron on Zulfarhan’s foot was acknowledged, but it had occurred only once.

“Can pressing the iron once be categorised as a criminal act? If it was indeed done, it was done without intent,” he said, adding that the 18-year sentence imposed on his client was excessive.

On Nov 2, 2021, the High Court sentenced the six former students to 18 years in prison after they were found guilty of causing the death of Zulfarhan, without the intent to kill.

Akmal, Azamuddin, Najib, Afif, and Shobirin had faced a murder charge, while Hakeem was charged with abetting under Section 109 of the same code.

However, the High Court found all six accused guilty of culpable homicide not amounting to murder.

The former students, now aged 28, were accused of committing the offence in a room at Asrama Jebat, UPNM, between 4.45am and 5.45am on May 22, 2017.

Zulfarhan died at the Serdang Hospital on June 1, 2017.

The trial before a three-member panel of judges chaired by Hadhariah Syed Ismail, alongside Zaini Mazlan and Azmi Ariffin, will resume tomorrow. - FMT