Here Are The Key Facts In The Case Of Cadet Zulfarhan, Murdered By 6 Former UPNM Students
The fight for justice is not over yet.
By Sadho Ram — 24 Jul 2024, 02:44 PM
Yesterday, 23 July, six former National Defence University (UPNM) students were sentenced to death by the Court of Appeal for the murder of navy cadet Zulfarhan Osman Zulkarnain seven years ago
In its unanimous ruling, the Court of Appeal described the case as the "rarest of the rare" and overturned the 18-year prison sentence imposed by the High Court on the six accused in 2021.
"We unanimously decided that there is only one appropriate sentence to be meted out to the six accused. They must be brought to the gallows where they will be hanged to death," the three-member bench said.
The six accused are:
Muhammad Akmal Zuhairi Azmal
Abdoul Hakeem Mohd Ali
Muhammad Najib Mohd Razi
Muhammad Azamuddin Mad Sofi
Muhammad Afif Najmudin Azahat
Mohamad Shobirin Sabri
Below are the key facts in the murder case:
1 June, 2017:
Zulfarhan, 21, was pronounced dead at Serdang Hospital after he succumbed to injuries.
His body was found 80% covered in bruises and burn marks, as he was tied up, beaten, and burnt with a steam iron for days.
From 2 to 17 June, 2017:
A day later, amid public outcry, the then-Defence Minister Datuk Seri Hishammuddin Hussein ordered an immediate investigation by the armed forces and UPNM into Zulfarhan's death.
As the victim's family demanded for justice, police ontained a remand extension for 32 UPNM students, who were detained along with four Universiti Tenaga Nasional (UNITEN) students to assist with the investigations. The latter were released on police bail on 9 June.
On 14 June, a total of 13 UPNM students were charged with voluntarily causing hurt to Zulfarhan. Five UPNM students were charged with murder and one with abetting in the death of the navy cadet.
The same day, the 13 students were allowed to post bail at RM7,000 each.
On 17 June, the then-Higher Education Minister Datuk Seri Idris Jusoh stated that the 13 UPNM students would be allowed to continue their studies at the university until their case is decided.
15 September, 2017:
The case of the five UPNM students, who were charged with the murder under Section 302 of the Penal Code, was transferred to the Kuala Lumpur High Court, where they faced the mandatory death penalty if convicted. Another student, who was charged with abetting them, was also moved to the same High Court.
8 December, 2017:
After the six UPNM students, charged with the murder and abetment, pleaded not guilty to the charges on 10 November, the High Court fixed a trial for all 19 UPNM students for 14 days starting 29 January, 2018.
5 June, 2018:
Nurul Syuhada Md Jamean, Zulfarhan's girlfriend, testified in the High Court that he had called her in pain, claiming his friends accused him of stealing one of their laptops and assaulted him.
"He said he was ill. He wanted to tell me something, he told me not to tell anyone else… he told me he was assaulted. He was accused of stealing a laptop. I asked him if he had taken the laptop, he said he did not steal it, but his friends insisted he was the one who stole it," Nurul Syuhada said in her witness testimony.
31 July, 2019:
The High Court ordered 18 UPNM students to enter their defence for allegedly murdering Zulfarhan and voluntarily causing grievous hurt to the victim.
The court acquitted another student, Muhammad Akmal Akif Alias, of all charges.
2 November, 2021:
After over two years, while High Court judge Datuk Azman Abdullah ruled that the six UPNM students, charged with murder and abetment of murder, had committed a heartless crime and acted like hardcore criminals, he said that he could not convict them of murder as it was not a premeditated killing.
According to him, the offence committed the former UPNM cadet officers could only be regarded as manslaughter, under Section 304 of the Penal Code, and not murder under Section 302.
The six students were sentenced to 18 years in prison, while the remaining 12 received three-year sentences, with the terms starting from their arrest date or 2 November, 2021, respectively.
3 November, 2021:
A day later, the Attorney General's Chambers filed an appeal over the High Court's verdict.
After three years, on 23 July, 2024, the Court of Appeal overturned the High Court verdict and replaced it with the death sentence
The Court of Appeal also increased the prison sentence for the 12 others from three to four years.
"Any inconvenience experienced by the accused, such as being expelled from the university and others, is not a factor to reduce their sentence. The accused must bear the consequences of their actions," Judge Datuk Hadhariah Syed Ismail said.
The 12 are:
Mohd Hafiz Fauzan Ismail
Mohamad Lukhmanul Hakim Mohd Zain
Ahmad Shafwan Berdal
Muhammad Amirul Asraff Mala
Luqman Hakim Shamsuri Agus
Muhammad Sufi Mohd Mustapha
Noriznan Izzairi Noor Azhar
Muhamad Ashraf Abdullah
Muhammad Danial Firdaus Azmir
Muhammad Hasif Ismail
Muhammad Adib Iman Fuad Ady Sani
Mohamad Syazwan Musa
While Zulfarhan's parents expressed gratitude to the Court of Appeal for the verdict, their fight for justice is far from over
According to the father, Zulkarnain Idros, he and his wife, Hawa Osman, were informed that the accused are planning to appeal the decision at the Federal Court, and it would be heard in a few weeks.
