PUTRAJAYA, Feb 28 — The Federal Court has overturned the murder conviction and death sentence of six former National Defence University (UPNM) students in connection with the death of navy cadet Zulfarhan Osman Zulkarnain eight years ago.
According to Free Malaysia Today (FMT), the court reinstated the High Court's original verdict, sentencing them to 18 years in prison for culpable homicide not amounting to murder.
A three-member panel led by Chief Judge of Malaya Hasnah Hashim ruled that the prosecution had not proven the elements of murder beyond a reasonable doubt against the appellants.
“We set aside the murder conviction. However, there was sufficient evidence to find them guilty of committing culpable homicide not amounting to murder,” Hasnah was quoted as saying by FMT.
Also presiding over the appeal were Justices Nordin Hassan and Abdul Karim Abdul Jalil.
The six former National Defence University (UPNM) students — Akmal Zuhairi Azmal, Azamuddin Sofi, Najib Razi, Afif Najmudin Azahat, Shobirin Sabri, and Hakeem Ali — had appealed to overturn their murder conviction for Zulfarhan’s death.
As reported by Bernama, the High Court, on November 2, 2021, sentenced all six to 18 years in prison after finding them guilty under Section 304 (a) of the Penal Code for causing Zulfarhan’s death without intent to kill him.
On July 23, 2024, the Court of Appeal imposed the death penalty on six former UPNM students for the murder of Zulfarhan, after allowing the prosecution’s cross-appeal to reinstate their initial murder charge under Section 302 of the Penal Code.
The former students, now aged 29, were accused of committing the offence in a room at the Asrama Jebat block, UPNM, between 4.45am and 5.45am on May 22, 2017. Zulfarhan died at the Serdang Hospital on June 1, 2017.
