Off to trial: Dr Dharma Danny arriving at the Seremban courthouse. — Bernama
SEREMBAN: A doctor and two others charged with the murder of a foreigner four years ago have been ordered by the High Court here to enter their defence.
Judge Datuk Azizul Azmi Adnan said the prosecution had established a prima facie case against Dr Dharma Danny Ferns, 36, fishmonger-cum-cowherd P. Vengadesvaran, 35, and marketing manager RS 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 has successfully proven elements of murder beyond a reasonable doubt against the three accused and they are hereby ordered to enter their defence,” he said.
Azizul is now a Court of Appeals judge in Putrajaya.
He 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.
The Latin term mens rea refers to the mental state of an accused charged with committing a crime.
The 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 also fixed Jan 8 to 12 for trial.
