PUTRAJAYA: The Court of Appeal today sentenced six former National Defence University (UPNM) cadets to death for the murder of navy cadet Zulfarhan Osman Zulkarnain seven years ago.
The court described the case as the "rarest of the rare".
A three-member bench comprising Datuk Hadhariah Syed Ismail, Mohamed Zaini Mazlan and Datuk Azmi Ariffin unanimously allowed the prosecution's appeal to reinstate a charge under Section 302 of the Penal Code and impose the death penalty.
The court also set aside the previous 18-year jail sentence.
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, who are now 28 years old.
Hadhariah, who took close to three hours to read the 93-page judgment, told all of the accused, who were clad in blue prison uniform and sat in the dock, to rise before she handed down the sentence.
"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," she said.
On Nov 2, 2021, High Court judge Datuk Azman Abdullah sentenced all six to 18 years in jail after finding them guilty of causing Zulfarhan's death without intent, under Section 304(a) of the Penal Code.
The former students had committed the offence at 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. They were 21 years old at the time.
Zulfarhan was found with burn marks and bruises at 8pm in an apartment on June 1, 2017, and was pronounced dead at 10pm at the then Serdang Hospital.
Hadhariah said the accused had bound his legs and hands, and pressed a hot steam iron on his body.
She said Zulfarhan was beaten up by the lot before the iron was used on him.
"Although the accused saw the deceased writhing in pain, they had turned a blind eye, did not care and continued pressing the iron on almost all parts of his body (except his face) until there were 90 burn wounds.
"Although the accused heard the deceased scream repeatedly, they turned a deaf ear and continued pressing the iron.
"The acts of the first to fifth accused who had pressed the iron on Zulfarhan's body, including his private parts, showed they had bad intentions, were cruel, inhumane and without compassion for their university mate.
"Although the sixth accused did not take part in pressing the iron, he had been involved in the same offence committed by the first to fifth accused because he had instructed them to do so.
"Therefore, when the offence committed by the first to fifth accused had caused the victim's death, the sixth accused is also guilty of committing murder."
She said after Zulfarhan was tortured, the accused had hid him to prevent their criminal actions from being discovered by the higher management.
She said they did not bring the deceased to Serdang Hospital although they had been advised by a witness (Dr Azfar Hussin) and two referral letters to the hospital were given.
Dr Azfar was the medical officer at Klinik As-Salam in Bandar Baru Bangi, where the accused had brought Zulfarhan to be treated twice.
"(They had) ...[B]lamed the deceased in this case, when the reality was that the problem stemmed from the evil acts of all the accused."
Hadhariah said the panel agreed with the prosecution that the way the murder was committed had not only shocked the judiciary but also the collective conscience of society.
She said the case was the rarest of the rare involving a heinous crime.
"Which parent will not feel disappointed, angered and mourn the passing of their beloved child when his body is returned to them to be buried in a heartbreaking situation.
"Only Allah knows how broken their hearts and feelings were when they saw the condition of their child, who had been treated that way by the six accused."
Hadhariah also said the bench allowed the prosecution's appeal to impose a heavier sentence on 12 other former UPNM students for intentionally causing injury to Zulfarhan to extort a confession that he stole a laptop.
"To our mind, the appropriate sentence is four years' jail. Therefore, the three-year imprisonment is set aside and replaced with four years' imprisonment from the date of conviction.
"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," she said.
The 12 accused 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.
They were charged with committing the offence in two rooms at Jebat Hostel Block UPNM, between May 21 and May 22, 2017.
The prosecution was represented by deputy public prosecutors K. Mangaiarkarasi, Solehah Noratikah Ismail and Joy Jothi Nadrarasan.
Among the lawyers who stood for the accused were Amer Hamzah Arshad, Datuk Hisyam Teh Poh Teik, A.G Kalidas, Datuk Hazman Ahmad, Datuk Seri M. Ramachelvam and Datuk Abdul Karim Abd Rahman.