No Death Sentence for 6 UPNM Cadets Convicted in Zulfarhan Osman’s Death

The Federal Court has overturned the murder conviction and death sentence of six former National Defence University of Malaysia (UPNM) students linked to the 2017 death of navy cadet Zulfarhan Osman Zulkarnain. Instead, the court reinstated the original High Court verdict, sentencing them to 18 years in prison for culpable homicide not amounting to murder.

Court Rules Prosecution Failed to Prove Murder Charge

The decision was made today (28 February) by a three-member panel led by Chief Judge of Malaya Datuk Seri Hasnah Mohammed Hashim. The court found that the prosecution had failed to prove the elements of murder beyond a reasonable doubt.

“We set aside the murder conviction. However, there was sufficient evidence to find them guilty of committing culpable homicide not amounting to murder,” Hasnah stated, as reported by Free Malaysia Today.

The six individuals – Akmal Zuhairi Azmal, Azamuddin Sofi, Najib Razi, Afif Najmudin Azahat, Shobirin Sabri, and Hakeem Ali – had initially been convicted by the High Court on 2 November 2021 under Section 304(a) of the Penal Code and sentenced to 18 years in jail.

However, on 23 July 2024, the Court of Appeal had overturned this verdict, convicting them of murder under Section 302 of the Penal Code and sentencing them to death after the prosecution’s successful appeal.

A Case That Shook the Nation

The tragic case dates back to 22 May 2017, when Zulfarhan was tortured in a dormitory at the Asrama Jebat block, UPNM. He succumbed to his injuries on 1 June 2017 at Serdang Hospital. His death sparked nationwide outrage over hazing and bullying in military institutions.

With the Federal Court’s ruling, the six former cadets will now serve their 18-year prison sentences instead of facing the death penalty.

Source: The Rakyat Post