The Federal Court was told on Tuesday (Feb 18) that the conviction and the death sentence imposed on six former National Defence University of Malaysia (UPNM) students for the murder of Navy Cadet Officer Zulfarhan Osman Zulkarnain is unsafe and should be set aside.
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NewsTranscript
00:00The federal court was told on Tuesday that the conviction and the death sentence imposed
00:07on six former National Defence University of Malaysia UPNM students for the murder of
00:13Navy cadet officer Zulfarhan Osman Zulkarnain is unsafe and should be set aside.
00:20Lawyer Datuk Hisham Tehpothek, who was representing one of the accused, submitted that on the
00:26evidence adduced against his client, there was no Prima Facie case for an offence under
00:31Section 304, Subsection A of the Penal Code, let alone murder.
00:37He said the High Court was in error to rely on the evidence of the 27th Prosecution witness
00:43who was the owner of the iron.
00:45He said the witness did not say in the evidence that he saw his client iron the deceased.
00:50He also questioned the credibility of the evidence of two witnesses, Ahmad Senabil
00:55Mohamed and Mohamed Shafiq Abdullah, arguing that the High Court did not undertake a maximum
01:01evaluation of their evidence.
01:03Lawyer Amer Hamza Arshad submitted that the prosecution failed to meet the required standard
01:09to secure the conviction of two of his clients for the offence of murder.
01:14He said the evidence of the 19th Defence witness regarding the degree of probability of death
01:19from severe burn injuries or alternative causes of death had raised a reasonable doubt
01:24against the prosecution's case.
01:27Lawyer Datuk Mohamed Zamri Mohamed Idris said the deceased could have succumbed to the Steven
01:32Johnson syndrome where the death was the result of an antibiotic prescribed by a doctor.
01:38The trial will resume on February 28.
01:41In July last year, the Court of Appeal imposed the death penalty on the six accused for the
01:46murder of Zulfarhan, after allowing the prosecution's cross-appeal to reinstate their initial murder
01:53charge.