The High Court today convicted six former National Defence University of Malaysia (UPNM) students of causing the death of marine cadet officer Zulfarhan Osman Zulkarnain in 2017.
Judge Datuk Azman Abdullah said all six were guilty of culpable homicide not amounting to murder, which means they will not be sentenced to death.
The lesser charge under Section 304(a) of the Penal Code prescribes a mandatory jail sentence that can be extended up to 30 years, and a fine.
The six are Muhammad Akmal Zuhairi Azmal, Muhammad Azamuddin Mod Sofi, Muhammad Najib Mohd Razi, Muhammad Afif Najmudin Azahat and Mohamad Shobirin Sabri and Abdoul Hakeem Mohd Ali.
With the exception of Abdoul Hakeem, the rest had been charged with murder under Section 302 of the Penal Code, carries the mandatory death sentence upon conviction.
Abdoul Hakeem had been charged with abetting in the murder, under Section 109 of the same law.
In pronouncing the verdict, Justice Azman said that while the prosecution successfully proved that Zulfarhan was harmed by the six accused, it failed to prove their intention for murder.
“Based on the totality of evidence, the prosecution had successfully proved that six of the accused (OKT), OKT 1 to OKT6 had caused harm without intent,” Azman said.
All of them, now aged 25, committed the offence in two rooms at the Jebat dormitory block, UPNM, on May 21 and 22, 2017.
Zulfarhan Osman succumbed to his injuries at the Serdang Hospital on June 1, 2017.