Zulkifli allegedly stabbed two men who tried to rob him at his house in Kerteh, Terengganu, earlier this month. One of the men died at the scene....and now, he is being charged for murder - which on conviction carries the mandatory death penalty.
1 - It is the police that arrested, investigated and the public prosecutor who is charging him for murder.
2 - The prosecution allegedly first charged him under section 304 - but decided later to charge him for murder(s.302). Why did they do this? Could it be that the truth was not as Zulkifli alleged, but it could really be murder? We do not have sight of all the evidence in the hands of the prosecution, that made them change the charge to one of murder on 27th December. Presumption of innocence until proven guilty - so, until the trial is done and he is convicted, Zulkifli should be presumed innocent.
304 Punishment for culpable homicide not amounting to murder
Whoever commits culpable homicide not amounting to murder shall be punished-
(a) with imprisonment for a term which may extend to thirty years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death; or
(b) with imprisonment for a term which may extend to ten years or with fine or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.
304A Causing death by negligenceWhoever causes the death of any person, by doing any rash or negligence act not amounting to culpable homicide, shall be punished with imprisonment for a term which may extend to two years or with fine or with both.
3 - I am against the mandatory death penalty and also for the abolition of the death penalty. The good news is that Malaysia may be moving towards the abolition of the death penalty.
A-G seeking to abolish mandatory death penalty in Malaysia - a first step towards abolition of the Death Penalty?
MADPET Glad That Malaysia will abolish the Mandatory Death Penalty in 2016
SUHAKAM and MADPET calls for total abolition of death penalty (Rakyat Post)
4 - IGP, it is the government that is responsible in providing legal awareness in Malaysia about laws and rights - it is not the Bar Council. The Bar Council and others only supplement the inadequate efforts of the government, or do the needful when Malaysian government FAILS in its duty to educate the public.
5 - If for non-bailable offences like murder, bail is still possible.
6 - What happened in this Zulkifli's case no one knows for certain. Wrong for the IGP to even conclude that this was 'murder committed by Mohamad Zulkifli in
self-defence'. Maybe, there was no element of self defence at all. Did the IGP see all the evidence?
7 - I believe it is very wrong for the IGP to be talking about this case which is already before the court. The IGP, being police, is also part of the prosecution?
8 - Look at the speed that the accused have been charged. IGP, what about the the Syed Mohd Azlan case - Police officers that tortured and killed detainee - what will the AG and the Malaysian government do?
9 - What about the Najib corruption case? Large sums of money found in the possession of a public servant - why the delay?
IGP irked by Bar Council’s silence over ‘self-defence’ case
Khalid Abu Bakar says human rights lawyers should
issue a clarification about the murder committed by Mohamad Zulkifli in
self-defence.
KUALA LUMPUR: The nation’s top cop has criticised the Bar Council for
failing to explain to the public vital information regarding the case
of a man who allegedly murdered a robber in self-defence.
Inspector-General of Police, Khalid Abu Bakar wondered why the Bar,
which he said was usually outspoken on human rights issues, had not
explained to the public details pertaining to Mohamad Zulkifli Ismail’s
case.
He said their unusual silence about the case had led to the authorities receiving flak for their actions.
Zulkifli allegedly stabbed two men who tried to rob him at his house
in Kerteh, Terengganu, earlier this month. One of the men died at the
scene.
The case was investigated under Section 302 of the Penal Code for
murder which carries the mandatory death sentence if convicted in court.
“I ask that human rights lawyers issue a clarification through the
Bar. They are normally swift on other matters, so why is it not the same
in Zulkifli’s case.
“The Bar has the role of providing explanations, they are supposedly
experts in providing information to the public, so why are they letting
the people come up with their own conclusions until those views have
turned viral,” said Khalid during a press conference after an event at
the Bukit Aman senior officers’ mess today.
Khalid explained the murder alleged to have been committed by
Zulkifli, supposedly to protect himself and his family against the
robbers, was an offence under Section 99 of the Penal Code, which
clearly specifies what a person is allowed to do in such a situation.
He said that the public had been quick to blame the authorities
because they lacked the necessary understanding of the many restrictions
placed on a person when defending himself or herself from criminals.
“Many people do not know the extent of self-defence. Section 99 of
the Penal Code details the extent to which a person can defend himself.
There is also a limitation for the police.”
Khalid said he would instruct the Bukit Aman public relations
department to issue a comprehensive explanation to the public on the
legal limits of self-defence to clear any nagging doubts they may have. - FMT News, 31/12/2015
Online campaign underway to save man who killed robber
Thursday December 31, 2015
12:26 PM GMT+8
12:26 PM GMT+8
Mohamad
Zulkifli Ismail was arrested for allegedly killing a robber at his
house in Kampung Labohan, in Kerteh, Terengganu, on December 7. ― File
pic KUALA LUMPUR, Dec 31 ― A Terengganu man who allegedly
killed a robber is now the subject of a growing online movement to
prevent him from being charged with murder.The campaign includes an online petition with more than 800 supporters and a Facebook page named “Selamatkan Zulkifli” created by Parti Sosialis Malaysia (PSM) Youth central committee member, Nik Aziz Afiq Abdul, which has obtained almost 55,000 “likes”.
“The page is set up to garner sympathy for Zulkifli's family. We will launch a fund to pay for his family's expenses,” he told Malay Mail Online.
Nik Aziz explained that 50-year-old Mohamad Zulkifli Ismail allegedly stabbed two men who were trying to rob him at his house in Kampung Labohan, in Kerteh, Terengganu, on December 7, claiming self defence.
One of the men died on the scene.
Zulkifli was then arrested and remanded until December 21. The case was investigated under Section 302 of the Penal Code that covers murder.
“The case was then changed to [Section] 304. He was allowed to be bailed for RM15,000 but his family did not have the funds and only bailed him out the next day,” Nik Aziz explained. Section 304 pertains to causing death by negligence.
But he said that when the case was heard in court on December 27, the prosecution team switched the charge to Section 302 and added another under Section 326 for causing grievous bodily harm.
Murder is a non-bailable offence and carries a mandatory death sentence upon conviction.
The next trial date is on January 24 and Zulkifli is now being held at the Marang prison, Nik Aziz said.
Zulkifli has three children, with the oldest 9, followed by an 8-year-old who is autistic, and a 3-year-old.
His detention has also prevented his family from operating a restaurant near their home that is their main source of income.
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