In a landmark ruling, the Court of Appeal has reinstated the death penalty for six former cadets of the National Defence University of Malaysia (UPNM) for the brutal murder of fellow cadet Zulfarhan Osman Zulkarnain. This decision comes seven years after Zulfarhan's tragic death, a shocking event that exposed severe issues of bullying and abuse within military academies.
The six ex-cadets—Muhammad Akmal Zuhairi Azmal, Muhammad Azamuddin Mad Sofi, Muhammad Najib Mohd Razi, Muhammad Afif Najmudin Azahat, Mohamad Shobirin Sabri, and Abdoul Hakeem Mohd Ali were originally charged under Penal Code, Section 302 which mandates the death penalty. However, a previous court ruling had downgraded their charges to Section 304(a) for causing death without intent to kill, which carries a maximum sentence of 30 years in prison and a fine.
Justice Hadhariah Syed Ismail, leading the three-judge panel, unequivocally reinstated the original charges, emphasizing the horrific nature of the crime. Zulfarhan was subjected to extreme torture, including being branded with a hot iron on various parts of his body, leading to his untimely death.
"We concur with the prosecution that the extreme occurrence of this murder shocked not only the judicial conscience but also the collective interest of society. This case represents one of the rarest and most heinous crimes. Such acts of cruelty must be halted," remarked Justice Hadhariah.
In delivering the 93-page judgment, Justice Hadhariah expressed profound sympathy for Zulfarhan's family, emphasizing the unimaginable pain they must have endured. "Only the Almighty knows the extent of their grief upon seeing their son treated in such a gruesome manner," she added.
The judgment also underscored the necessity for the harshest penalty to deter such inhumane acts. "Therefore, we animously pass judgement with only one and only sentence for all six accused persons, where all of them shall be taken to the gallows and to be hanged to death," Justice Hadhariah concluded.
The decision was supported by fellow judges Justices Mohamed Zaini Mazlan and Azmi Ariffin. The panel found that the trial judge had erred in reducing the charges and, thus, reinstated Section 302.
Additionally, the Court of Appeal also addressed the case of twelve other former UPNM students who had been convicted of intentionally causing injury to Zulfarhan to extract a confession for a stolen laptop. These students had initially received a three-year prison sentence under Section 330 of the Penal Code. The appellate court increased their sentences to four years, citing the severity of the aggravating factors.
"We unanimously determined that the aggravating factors outweighed the personal circumstances of the accused. In our view, a fitting sentence is four years of imprisonment," the court ruled, underscoring the gravity with which it regarded the crime.
This case serves as a stern message of the grave consequences of bullying and abuse within institutions meant to uphold discipline and honor. The reinstatement of the death penalty for the six ex-cadets and the increased sentences for the other twelve former students send a strong message about the judiciary's stance on such heinous crimes, emphasizing that justice will be served, no matter how long it takes.
By: Kpost
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