Someone told me to punch Zulfarhan - Witness

KUALA LUMPUR: A Universiti Pertahanan Nasional Malaysia (UPNM) student told the High Court today that someone told him to punch cadet marine officer Zulfarhan Osman Zulkarnain when the victim was in his room at the university’s Jebat hostel building.

Muhammad Alif Farhan Aerosni, 25, who is the 20th defence witness, however, said he was not sure who the person was.

"I arrived at room 04-10, that time the room was dark, everyone was sitting. They asked me what I wanted to do, I said I wanted to take my mobile phone on the bed, then someone told me to punch the deceased (Zulfarhan) first, I then patted him (Zulfarhan) on the shoulder.

"After taking the mobile phone and patting the deceased on the shoulder, I then left the room and went to room 04-11," he said this during the examination-in-chief by lawyer Datuk Ranjit Singh Dhillon who represented the third accused, Muhammad Najib Mohd Razi in the defence trial of 18 UPNM students charged with murdering and injuring Zulfarhan.

Room 04-10 was where Zulfarhan was allegedly beaten and tortured with a steam iron.

Asked by Ranjit Singh on what Muhammad Najib was doing when he went to room 04-10, Muhammad Alif Farhan said Muhammad Najib, who was also his roommate was asleep.

Ranjit Singh: Was Muhammad Najib with you when you went to room 04-11?

“Muhammad Najib was not with me, but he (Muhammad Najib) came to room 04-11 a few minutes later. We had to go to room 04-11 to study because we had a Sports Science test," said Muhammad Alif Farhan who also informed that he knew the deceased (Zulfarhan).

Asked by the lawyer about the condition in room 04-10, the witness said the room was gloomy, lacking light and there were many other cadets, but he did not hear or see the cadets questioning the deceased (Zulfarhan).

Asked by lawyer Amer Hamzah Arshad who represented the first accused, Muhammad Akmal Zuhairi Azmal, on whether the witness saw his client doing anything in room 04-10, the witness replied that he did not see him doing anything.

Meanwhile, during cross-examination by deputy public prosecutor N.Joy Jothi, whether the witness agreed that the person who told him to punch Zulfarhan was the sixth accused, Abdoul Hakeem Mohd Ali, the witness replied: "Disagree".

Joy Jothi: Are you sure it's not him (Abdoul Hakeem)?

Muhammad Alif Farhan: Not (him) because after training, everyone had hoarse voices.

Muhammad Alif Farhan also disagreed with Joy Jothi’s suggestion that his testimony was not entirely true and only to save his friends who had been accused.

Regarding Joy Jothi's suggestion on whether Zulfarhan was tied (hands), shirtless and wearing shorts, the witness replied "I disagree because at the time of the incident, Zulfarhan was standing, not wearing a shirt, hands not tied, but I don’t remember about him wearing shorts".

On July 31, 2019, the High Court here ordered 18 UPNM students to enter their defence on charges of murdering, injuring and abetting the murder of Zulfarhan.

Five of the accused, Muhammad Akmal, Muhammad Azamuddin Mad Sofi, Muhammad Najib, Muhammad Afif Najmudin Azahat and Mohamad Shobirin Sabri are charged with murder while Abdoul Hakeem is charged with abetting the murder of Zulfarhan.

They allegedly committed the offence at room 04-10, of the Jebat hostel building in UPNM, between 4.45 am and 5.45 am on May 22, 2017.

The charges against the accused were made under Section 302 and 109 of the Penal Code, which carry the mandatory death sentence upon conviction.

The six, along with 12 others, were also ordered to enter their defence on charges of injuring the victim.

The 12 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 Ismail, Muhammad Adib Iman Fuad Adi Sany and Mohamad Syazwan Musa.

They are charged with voluntarily causing hurt against the victim for the purpose of forcing the latter to admit to the alleged theft of a laptop, according to Section 330 of the Penal Code, read together with Section 34 of the same Act, which imposes maximum imprisonment of seven years, and a fine, upon conviction.

The offence was allegedly committed at room 03-05, of the Jebat hostel building in UPNM, between 2.30 am and 5.30 am on May 21, 2017.

The trial before Judge Datuk Azman Abdullah continues on Thursday.

-- BERNAMA