KUALA LUMPUR: Six Universiti Pertahanan Nasional Malaysia (UPNM) students have been sentenced to 18 years' jail each for the culpable homicide of marine cadet officer Zulfarhan Osman Zulkarnain, who died from injuries caused by a steam iron four years ago.
Kuala Lumpur High Court judge Justice Azman Abdullah ordered the sentence to run from their date of arrest.
"I could not imagine how it must have been because it would have hurt if the steam iron hit your hand... imagine it on one's sensitive parts?
"Although you are young offenders, your action is just like a hardcore criminal. I empathise with the regret and sadness your parents must have felt," the judge said prior to sentencing on Tuesday (Nov 2).
The six are Muhammad Akmal Zuhairi Azmal, Muhammad Azamuddin Mod Sofi, Muhammad Najib Mohd Razi, Muhammad Afif Najmudin Azahat and Mohamad Shobirin Sabri who initially faced murder charges and Abdoul Hakeem Mohd Ali who was charged with abetting the murder.
They escaped the mandatory death sentence under Section 302 of the Penal Code after the judge did not find intent to murder although the prosecution had successfully proven that the accused caused grievous hurt to the victim by using a steam iron.
"The court is satisfied that the striking 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.
Justice Azman said based on the defence, the case was proven on the elements of Section 299 of the Penal Code instead, punishable under Section 304(a) of the Penal Code where they face a maximum imprisonment of 30 years and are liable to a fine.
Meanwhile, the group – with the exception of Mohamad Shobirin – and together with 12 others were found guilty of voluntarily causing hurt to Zulfarhan to extort a confession from him over a laptop theft.
They were charged with intentionally causing hurt to the victim, to obtain a confession that he had stolen a laptop, 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 for causing hurt on the deceased to get a confession from him," the judge said.
The other 12 accused 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.
For the offence under Section 330, Justice Azman sentenced each of them to three years in jail from the sentencing date.
For the five who were convicted for both Section 304(a) and Section 330, Justice Azman ordered for the jail terms to run concurrently.
The court also allowed a stay of execution for the offenders convicted under Section 304 pending appeal to the Court of Appeal.
Earlier, Zulfarhan's mother Hawa Osman took the stand to read her Victim Impact Statement.
The 58-year-old said the case had affected her and her family.
"My health deteriorated. I suffer from a serious cataract because I can't stop crying.
"I have high blood pressure because I can't sleep at night," she said.
Hawa said she was so traumatised that until today, she found it difficult letting her other children leave home without worrying about their safety.
"I want a sentence that fits the crime and that could serve as a lesson for society so that this incident won't happen to other parents," she said.
Hawa also told the court that she suffered from prolonged sadness over the loss of her firstborn.
"Arwah lambang kasih sayang saya dan suami (he was a symbol of love to me and my husband)," she said.