These six accused individuals, also known as OKT, were Zulfarhan's own classmates. Muhammad Akmal Zuhairi Azmal (OKT1), Muhammad Azamuddin Mad Sofi (OKT2), Muhammad Najib Mohd Razi (OKT3), Muhammad Afif Najmudin Azahat (OKT4), Mohamad Shobirin Sabri (OKT5), and Abdoul Hakeem Mohd Ali (OKT6) will now face the ultimate punishment for their heinous crime.
The Court of Appeal, led by Judge Datuk Hadhariah Syed Ismail, has overturned the initial 18-year prison sentences handed down by the Kuala Lumpur High Court, reinstating the mandatory death penalty under Section 302 of the Penal Code.
In her ruling, Judge Hadhariah stated that the three-judge panel found that the five students took turns pressing a steam iron on the body of the deceased, including his private parts. The sixth student, Abdoul Hakeem, was found complicit for inciting and instructing the others to commit the act.
Let's have a look at the chronological events of this young man's death case:
Accusation and Torture (May 21-22, 2017)
- Zulfarhan was accused by OKT1 of stealing his laptop, based on a claim involving a bomoh (traditional healer) identifying Zulfarhan as the thief.
- Zulfarhan was tortured on three separate occasions:
May 22, 1:30am to 4:30am: Beaten in room 4-10, wearing only boxer shorts.
May 22, 4:45am to 5:45am: With hands and legs tied, OKT1 to OKT5 pressed a hot iron on his body under OKT6’s instructions.
Medical Treatment Attempts (May 27 and May 31, 2017)
- Zulfarhan was taken to a private clinic in Bangi twice for wound treatment. The doctor advised and provided referral letters for hospital treatment, but the accused did not take him to the hospital.
Death and Initial Legal Proceedings (June 1, 2017)
- Zulfarhan was finally taken to Hospital Serdang, where he was pronounced dead.
- Initially, the High Court convicted the six of culpable homicide not amounting to murder under Section 304(a) of the Penal Code, sentencing them to 18 years in prison.
The Key Findings of this case
Murder Conviction
- The Court of Appeal found the prosecution had proven beyond reasonable doubt that the six accused were guilty of murder under Section 302 of the Penal Code.
- The court restored the original murder charge, rejecting the High Court’s decision to convict under the lesser charge of culpable homicide.
Evidence and Intent
- The court noted the severe and deliberate nature of the torture, including 90 burn marks from the hot iron, indicating malicious intent.
- The accused’s actions were found to be inhumane and cruel, with the Court emphasizing the binding of Zulfarhan’s hands and legs during the torture.
- The court rejected the accused’s defenses and testimonies, affirming that the injuries inflicted were intended to cause serious harm, sufficient to result in death.
Common Intention and Abetment
- OKT1 to OKT5 were found to have a common intention to commit the crime.
- OKT6, although he did not press the iron himself, was found guilty of abetting the murder by instructing the others.
With that being said that, the Court of Appeal, considering the heinous nature of the crime and its impact on society’s conscience, unanimously decided that the appropriate sentence for the six accused was the death penalty.
The Court of Appeal’s ruling underscores the severity of the crime and the judiciary’s commitment to addressing such acts of brutality. The case serves as a stern warning against acts of torture and violence within educational institutions and the military.
Source / Image Credit: Astro Awani, Malay Mail, Bernama , Harian Post