KUALA LUMPUR: Six Universiti Pertahanan Nasional Malaysia (UPNM) students charged with murdering and abetting in the murder of marine cadet officer Zulfarhan Osman Zulkarnain (pic) four years ago, have been found guilty of culpable homicide by the High Court here.
High Court judge Justice Azman Abdullah found the prosecution had successfully proven that the six – Muhammad Akmal Zuhairi Azmal, Muhammad Azamuddin Mod Sofi, Muhammad Najib Mohd Razi, Muhammad Afif Najmudin Azahat and Mohamad Shobirin Sabri, who faced murder charges, and Abdoul Hakeem Mohd Ali, who was charged with abetment – caused grievous hurt to the victim by using a steam iron.
However, they escaped the gallows as the judge found that the group was not intent on murder.
"The court is satisfied that the pressing of the steam iron on the body had caused the victim's death but this did not constitute a premeditation on murder.
"All six of you, with common intention and the abetment of the sixth accused, had together caused the injuries on the deceased with no intent of murder," he said in his decision here on Tuesday (Nov 2).
Justice Azman said based on the defence, the case was proven on the elements of Section 299 of the Penal Code instead.
The sentencing, under Section 304 of the Penal Code, carries a maximum imprisonment of 30 years and a fine.
The six originally faced the mandatory death sentence under Section 302 of the Penal Code for murder and the abetment of murder.
The group - with the exception of Mohamad Shobirin - and 12 others were also found guilty of voluntarily causing hurt to Zulfarhan to extort a confession from him over an alleged laptop theft.
The 12 are Mohd Hafiz Fauzan Ismail, Mohamad Lukhmanul Hakim Mohd Zain, Ahmad Shafwan Berdal, Muhammad Amirul Asraff Mala, Luqman Hakim Shamsuri, Muhammad Sufi Mohd Mustapha, Noriznan Izzairi Noor Azhar, Muhamad Ashraf Abdullah, Muhammad Danial Firdaus Azmir, Muhammad Hasif, Muhammad Adib Iman and Mohamad Syazwan.
They were charged with intentionally causing hurt to the victim under Section 330 of the Penal Code, read together with Section 34 of the same code, which carries a maximum sentence of seven years imprisonment and a fine.
"The defence has failed to raise reasonable doubt where the prosecution had proven its case against them.
"You are all found guilty under Section 330 of the Penal Code for causing hurt on the deceased to get the confession from him," the judge said.
Justice Azman has yet to mete out sentencing. The court is in recess.
More to come
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