PUTRAJAYA: The Court of Appeal (CoA) will next month hear the prosecution's appeal against the Kuala Lumpur High Court's ruling that convicted six former National Defence University (UPNM) students to 18 years' jail.
They were found guilty of culpable homicide not amounting to murder of navy cadet Zulfarhan Osman Zulkarnain seven years ago.
Counsel Datuk Hisham Teh Poh Teik, representing Muhammad Najib Mohd Razi as respondent, said the CoA set a three-day hearing from May 14.
Hisham was met after the proceedings presided by a three-judge panel led by Justice Datuk Hadhariah Syed Ismail. Also on the panel were Justices Datuk Ahmad Zaidi Ibrahim and Datuk Azmi Ariffin.
"The CoA, on the same day, will hear the prosecution's appeal against the High Court's decision that also meted out three years' jail on five of the six accused, as well as 12 other former students for causing injuries on Zulfarhan," said Hisham.
All 18 of them, now aged 28, were present in the CoA today. The court's public gallery was filled with their family members.
The High Court, in its 2021 decision, granted a stay of execution against 12 of the accused.
During proceedings, Justice Hadhariah allowed the prosecution, as appellant, for extension of time to file the petition of appeal after deputy public prosector Datuk Mohd Dusuki Mokhtar said there were no objections from the respondents on the application.
On Nov 2, 2021, High Court judge Datuk Azman Abdullah sentenced the six — Muhammad Akmal Zuhairi Azmal, Azamuddin Mad Sofi, Muhammad Najib, Muhammad Afif Najmudin Azahat, Mohamad Shobirin Sabri and Abdoul Hakeem Mohd Ali, who was initially charged with abetment — to 18 years in jail under Section 304 of the Penal Code from their date of arrest on June 1, 2017.
The judge sentenced them under a lesser charge after finding that the common intention and abetment of the sixth accused had caused injuries to Zulfarhan but there was no intention of murder.
Judge Azman also sentenced the six, except for Mohamad Shobirin, along with 12 others, to three years' jail after finding them guilty of voluntarily causing grievous hurt to Zulfarhan to coerce a confession from him that he had stolen a laptop.
The others guilty of causing grievous hurt to Zulfarhan were ordered to serve their jail term from the day of sentencing.
The 12 former students 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.
Throughout the trial which began on Jan 29, 2018, a total of 31 prosecution witnesses and 20 defence witnesses had testified.
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.
