SEREMBAN: Three individuals, including a doctor, were ordered by the High Court here to enter their defence for the alleged murder of a foreigner four years ago.
Judge Datuk Azizul Azmi Adnan said the prosecution had successfully established a prima facie case against Dr Dharma Danny Ferns, 36; fishmonger-cum-cowherd P. Vengadesvaran, 35, and marketing manager R.S. Sathya Deepan, 34.
The court discharged and acquitted a fourth accused, trader Mohd Hafiz Abdul Kadar, 37 as the prosecution had failed to establish a prima facie case against him.
"The court finds that the prosecution had successfully proven elements of murder beyond a reasonable doubt against the three accused and they are hereby ordered to enter their defence," said Azizul, who is now a Court of Appeals judge in Putrajaya.
Azizul said the prosecution had also proven the element of mens rea against the trio as required under Section 300(c) of the Penal Code and that they had a common intention to commit the crime.
Mens rea refers to the mental state of an accused charged with committing a crime.
The initial four had claimed trial when they were charged in May 2019.
They were charged with a common intention to kill A. Angu, in a cowshed near Jalan Dawn 1, Taman Dawn Seremban, between 9pm and 10.30pm on March 16, 2019.
All four were charged under Section 302 of the Penal Code read together with Section 34 of the same Code, which carries the death penalty upon conviction.
Lawyer Paul Krishnaraja represented Sathya Deepan and Mohd Hafiz, and counsel Selvam Shanmugam represented Dr Dharma Danny. Vengadesvaran was represented by Jayaprakash Rao.
Mohd Hadi Hakimi Harun and Ala'uddin Baharom prosecuted.
Azizul then fixed Jan 8 to 12 for trial.
