25-7-2024 (KUALA LUMPUR) Malaysia’s Court of Appeal has sentenced six former students of Universiti Pertahanan Nasional Malaysia (UPNM) to death by hanging for the murder of 21-year-old navy cadet Zulfarhan Osman Zulkarnain. The ruling, delivered on Tuesday, overturns the previous 18-year jail sentences imposed by the Kuala Lumpur High Court, marking a significant development in a case that has gripped the nation for seven years.
The convicted individuals, all now 28 years old, 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. Judge Hadhariah Syed Ismail, leading the three-judge panel, delivered a lengthy 93-page judgment, emphasising the extreme nature of the crime.
May you rest in peace Zulfarhan Osman Zulkarnain.
Your six bullies are gonna be hanged, to death, to hell.
May these six murderers languish in the fiery depths of Neraka Jahanam, suffering tenfold the torment they inflicted upon you. pic.twitter.com/v75U1LXqkT
— rayyanharies (@rayyanharies) July 23, 2024
“This case is among the rarest of the rare, involving extreme cruelty that poses a grave danger to society,” Judge Hadhariah stated, her words echoing through the courtroom. “Such inhumane acts must be stopped. The court will not tolerate such incidents.”
The case has shed light on the brutal treatment of the young cadet, whose body bore 90 burn marks inflicted by a hot iron. The Court of Appeal judges unanimously agreed that the death penalty was the only appropriate sentence, citing nine factors that contributed to their decision.
These factors included the victim’s innocence, the cruel nature of the assault, and the perpetrators’ attempts to conceal their actions by hiding Mr Zulfarhan from teachers and denying him proper medical attention.
The Court of Appeal’s decision to reinstate the original murder charge under Section 302 of the Penal Code came after both the defence and prosecution had appealed the High Court’s earlier ruling. The defence had sought a reduction in the jail term, while the prosecution pushed for the restoration of the murder charges and subsequent death sentences.
Judge Hadhariah explained that under the Abolition of Mandatory Death Penalty Act 2023, which came into effect in March 2023, the penalties for murder include either the death sentence or imprisonment of 30 to 40 years with at least 12 strokes of the cane. However, the judges were unequivocal in their decision that the death penalty was warranted in this case.
The Court of Appeal also addressed the High Court’s earlier decision to convict the six of the lesser charge of culpable homicide. The higher court deemed this ruling incorrect, stating that the prosecution only needed to prove intent to cause bodily injury, which had been successfully demonstrated.
The verdict has brought a sense of closure to Mr Zulfarhan’s parents, who performed the “sujud syukur” (prostration of gratitude) following the court’s decision. Mr Zulkarnain Idros, the victim’s father, expressed his gratitude, saying, “We are grateful because Allah has granted my wife’s and my prayers that this case would result in the death penalty.”
However, the case continues to stir emotions. In a poignant Facebook post, Mdm Hawa Osman, Mr Zulfarhan’s mother, addressed the families of the convicted, noting their lack of apology and previous hostility towards her family’s pursuit of justice.
