Six former defence university students found guilty of killing fellow cadet, but escape gallows

KUALA LUMPUR, Nov 2 — The High Court today convicted six former National Defence University of Malaysia (UPNM) students of causing the death of marine cadet officer Zulfarhan Osman Zulkarnain in 2017.

Judge Datuk Azman Abdullah said all six were guilty of culpable homicide not amounting to murder, which means they will not be sentenced to death.

The lesser charge under Section 304(a) of the Penal Code prescribes a mandatory jail sentence that can be extended up to 30 years, and a fine.

The six are Muhammad Akmal Zuhairi Azmal, Muhammad Azamuddin Mod Sofi, Muhammad Najib Mohd Razi, Muhammad Afif Najmudin Azahat and Mohamad Shobirin Sabri and Abdoul Hakeem Mohd Ali.

With the exception of Abdoul Hakeem, the rest had been charged with murder under Section 302 of the Penal Code, carries the mandatory death sentence upon conviction.

Abdoul Hakeem had been charged with abetting in the murder, under Section 109 of the same law.

In pronouncing the verdict, Justice Azman said that while the prosecution successfully proved that Zulfarhan was harmed by the six accused, it failed to prove their intention for murder.

“Based on the totality of evidence, the prosecution had successfully proved that six of the accused (OKT), OKT 1 to OKT6 had caused harm without intent,” Azman said.

All six were sentenced to 18 years’ imprisonment from the date of their arrest.

Previously, the six along with 12 others were also charged with voluntarily causing hurt to the victim for the purpose of forcing the latter to admit to the alleged theft of a laptop, according to Section 330 of the Penal Code, read together with Section 34 of the same Act, which imposes maximum imprisonment of seven years, and a fine, upon conviction.

The 12 are Mohd Hafiz Fauzan Ismail, Mohamad Lukhmanul Hakim Mohd Zain, Ahmad Shafwan Berdal, Muhammad Amirul Asraff Mala, Luqman Hakim Shamsuri, Muhammad Sufi Mohd Mustapha, Noriznan Izzairi Noor Azhar, Muhamad Ashraf Abdullah, Muhammad Danial Firdaus Azmir, Muhammad Hasif Ismail, Muhammad Adib Iman Fuad Adi Sany and Mohamad Syazwan Musa.

For the 12, Azman found them guilty under Section 330 and sentenced them to three years’ imprisonment each.

However, Azman granted a stay of execution for the 12 pending an appeal.