PUTRAJAYA, April 17 — The Court of Appeal has set three days from May 14 to hear the prosecution’s appeal against a High Court’s decision to sentence six former Universiti Pertahanan Nasional Malaysia (UPNM) students initially charged with murdering cadet officer Zulfarhan Osman Zulkarnain to 18 years in prison for culpable homicide not amounting to murder.
Lawyer Datuk Hisyam Teh Poh Teik, representing Muhammad Najib Mohd Razi, said the appeal hearing had been set for May 14 to 16.
“On the same day, the court will also hear the prosecution’s appeal against the High Court’s decision to sentence five of the six former UPNM students and 12 others to three years in prison for injuring Zulfarhan,” he said when met by reporters after the case came up for mention today.
Earlier, at the proceedings, a three-judge panel led by Judge Datuk Hadhariah Syed Ismail allowed the prosecution’s request to file an appeal petition outside the time limit after Deputy Public Prosecutor Datuk Mohd Dusuki Mokhtar did not object to it.
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The other two judges are Datuk Ahmad Zaidi Ibrahim and Datuk Azmi Ariffin.
All the 18 former UPNM students, now aged 28, attended the proceeding.
On Nov 2, 2021, the Kuala Lumpur High Court sentenced the six students, namely Muhammad Akmal Zuhairi Azmal, Muhammad Azamuddin Mad Sofi, Muhammad Najib, Muhammad Afif Najmudin Azahat, Mohamad Shobirin Sabri dan Abdoul Hakeem Mohd Ali to 18 years in jail after they were found guilty of culpable homicide not amounting to the murder of Zulfarhan Osman.
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Of the six accused, five were charged with the murder of Zulfarhan Osman under Section 302 of the Penal Code which carries the mandatory death penalty upon conviction, while Abdoul Hakeem was charged with abetting the murder under Section 109 of the same act, which carries a similar sentence.
The judge, in his decision, however, said that the court found all the accused guilty under Section 304 (a) of the Penal Code for causing injuries to the deceased (Zulfarhan Osman) with no intent to murder, which carries a jail term of up to 30 years and shall also be liable to a fine, upon conviction.
The court also sentenced five of the accused, except Mohamad Shobirin, and their 12 friends after finding them guilty of injuring Zulfarhan Osman. Mohamad Shobirin was previously charged with the same offence but was acquitted of the charge at the end of the prosecution’s case.
The 12 students 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 and Mohamad Syazwan Musa.
All of them were charged with committing the offence in two rooms at the Jebat dormitory block, UPNM, on May 21 and 22, 2017
Zulfarhan Osman succumbed to his injuries at Serdang Hospital on June 1, 2017. — Bernama