GEORGE TOWN: The Penang High Court has postponed the trial of four accused in the 2017 murder of bullying victim T. Nhaveen, which was initially scheduled to commence on Tuesday (July 8).
The trial of J. Ragesuthan, 26; S. Gokulan, 26; and two others who were juveniles at the time of the incident has been rescheduled to Nov 17-25.
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Judicial Commissioner Datuk Mohd Radzi Abdul Hamid granted the adjournment pending the outcome of an appeal before the Federal Court involving a fifth individual, S. Gopinaath, 34, who was charged in 2021, four years after the incident.
JC Radzi held that the adjournment was necessary to avoid duplicative or piecemeal proceedings, which could result in witnesses being recalled, and fixed Sept 22 for case management to obtain an update on the status of the Federal Court appeal.
On Jan 13, the Court of Appeal ordered the four individuals to enter their defence on the original charge of murder after allowing the prosecution's appeal to set aside the Penang High Court’s decision on Oct 23, 2023, which had acquitted and discharged them.
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It also ordered the four accused to enter their defence on a separate charge of causing grievous hurt to Nhaveen’s friend T. Previin, who was 19 years old at the time of the incident.
The Court of Appeal then remitted the case to the Penang High Court to allow the four individuals to defend themselves against the charges, while maintaining the acquittal of S. Gopinaath, who was charged in 2021 and is still under trial.
The four individuals were accused of murdering Nhaveen, then aged 18, at a park in Jalan Bunga Raya between 11pm and midnight on June 9, 2017.
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On the charge of causing grievous hurt to Previin, they are alleged to have committed the offence near the Karpal Singh Learning Centre at Jalan Kaki Bukit, Gelugor, at the same time.
According to the facts of the case, Nhaveen was assaulted with a crash helmet and later admitted to Penang General Hospital, where he succumbed to his injuries on June 15, 2017.
Earlier, DPP Yazid Mustaqim Roslan applied for the adjournment. – Bernama
