PUTRAJAYA: The Court of Appeal here has ordered Inspector S. Hare Krishnan and three other police officers to enter their defence in the custody death case of N. Dharmendran.
The panel lead by Justice Moktarudin Baki ruled Friday there was a prima facie case, based on the overwhelming circumstantial evidence implicating the accused.
Hare, 42, was jointly charged for murder with Sjn Jaffri Jaafar, 46; Kpl Mohd Nahar Abd Rahman, 47; and Kpl Haswadi Zamri Shaari, 34.
They are accused of causing the death of Dharmendran at the Serious Crimes Division (D9) interrogation room on Level 7 of the Kuala Lumpur police headquarters in Jalan Hang Tuah, between 12.20pm and 2.50pm on May 21, 2013.
Justice Moktarudin found that the 52 injuries suffered by Dharmendran occurred while he was in custody of the four accused.
He added that while the injuries individually may not have caused the death, cumulatively it could.
The three-man panel, which included Justices Zakaria Sam and Abdul Karim Abdul Jalil, remitted the case to Kuala Lumpur High Court, for the accused to enter their defence.
The case was fixed for mention on March 2.
The High Court acquitted the four men on Dec 12, 2014, ruling that the prosecution failed to provide a motive and relied only on circumstantial evidence to back its case.
Dharmendran was detained on May 21, 2013, for the attempted murder of two people in Cheras.