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.
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