PUTRAJAYA: Four men, who were freed by the High Court from charges of murdering bully victim T. Nhaveen (pic) seven years ago, have now been ordered by an appellate court to answer the murder charge and make their defence.
The Court of Appeal overturned the acquittal of J. Ragesuthan, 26, S. Gokulan, 26, and two individuals who were juveniles at the time of the incident – and ordered them to enter their defence in relation to the charge.
The three-judge panel comprising Justices Che Mohd Ruzima Ghazali, Mohamed Zaini Mazlan and Noorin Badaruddin also ordered the four to enter their defence on a charge of causing grievous hurt to Nhaveen’s friend, T. Previin, who was 19 years old then.
The appellate court had allowed the prosecution’s appeal to overturn the High Court’s decision.
In the court’s unanimous decision, Justice Che Mohd Ruzima said there was sufficient evidence to establish a prima facie case against the four men.
Justice Che Mohd Ruzima, who led the panel, remitted the case back to the Penang High Court for the four men to enter their defence and ordered them all to be remanded pending trial, Bernama reported.
The same panel upheld the acquittal of S. Gopinaath, 34, who had been charged in 2021, four years after the incident, while the trial was ongoing.
“We agree with Gopinaath’s counsel that prejudice had occurred against his client as he was only charged when a prosecution witness was testifying,” he said, adding that the prosecution had failed to establish a prima facie case against Gopinaath.
The prosecution was appealing against the High Court’s decision in October 2023, which acquitted and discharged the five of them for Nhaveen’s murder without their defence being called.
They were accused of murdering Nhaveen, then 18, at a park on Jalan Bunga Raya between 11pm and midnight on June 9, 2017.
As for the charge of causing grievous hurt to Previin, Ragesuthan, Gokulan and two other individuals were accused of committing the offence near the Karpal Singh Learning Centre in Jalan Kaki Bukit, Gelugor, between 11pm and midnight on June 9, 2017.
The case facts indicate that Nhaveen suffered a helmet- related beating.
He was sent to the Penang General Hospital but died six days later, on June 15, 2017.
