PUTRAJAYA: The Court of Appeal has set July 23 to deliver its verdict on the appeal by six former National Defence Universiti (UPNM) cadets against their conviction for the manslaughter of navy cadet Zulfarhan Osman Zulkarnain seven years ago.
A three-member bench Court of Appeal led by Datuk Hadhariah Syed Ismail fixed the date after hearing lengthy submissions from both parties today. Other members of the bench were Mohamed Zaini Mazlan and Datuk Azmi Ariffin.
The six are - Muhammad Akmal Zuhairi Azmal, Muhammad Azamuddin Mad Sofi, Muhammad Najib Mohd Razi, Muhammad Afif Najmudin Azahat, Mohamad Shobirin Sabri and Abdoul Hakeem Mohd Ali.
Earlier, counsel Amer Hamzah Arshad, who appeared for Muhammad Akmal and Muhammad Azamuddin said the court should consider the fact that the accused deserve a second chance.
"If the court agrees with the High Court's decision that the accused are guilty under Section 304 of the Penal Code, the prison sentence should be reduced to 12 years instead of 18 years.
"I have seen other cases (under the same section) where the accused received a prison sentence of less than 18 years.
"Please give these young accused a second chance because this case is not under Section 302 of the same Code for murder. It is true that the accused made a mistake, but they deserve a second chance," he said.
Amer Hamzah said both of his clients helped Zulfarhan to obtain treatment, medicine, and food following the incident.
He said the prosecution might argue that such behaviour indicates that the accused knew they were committing an offence.
"However, the argument fails to prove that the accused had the intent to murder by causing the victim's death. In fact, the accused's actions after the incident indicate otherwise," he said.
On Nov 2, 2021, High Court judge Datuk Azman Abdullah sentenced the five, including Mohamad Shobirin Sabri, to 18 years' jail after they were found guilty of causing the death of Zulfarhan without intent.
The judge sentenced them under a lesser charge after finding that the common intention and abetment of the sixth accused caused injuries to Zulfarhan, but there was no intent to murder.
The former students, then aged 21, had committed the offence at the Jebat Hostel Block, UPNM, between 2.30am and 5.30am on May 21, 2017, and in the same room between 1.30am and 4.30am on May 22, the same year.
Zulfarhan was found with burn marks and bruises in an apartment in Serdang at 8pm on June 1, 2017, and was pronounced dead at 10pm at the Serdang Hospital.