PUTRAJAYA: The Federal Court on Friday (June 19) struck out the prosecution's notice of appeal against the acquittal of a man on a charge of murdering bullying victim T. Nhaveen nine years ago.
A three-member Federal Court bench led by Datuk Nordin Hassan made the ruling after Deputy Public Prosecutor Allan Suman Pillai informed the court that the notice of appeal could not be served personally on S. Gopinaath, 35, who resides in Penang, as the respondent could not be located.
"This is the fifth time the prosecution has attempted to serve the notice of appeal. I seek further directions from the court,” said Allan.
Also sitting on the bench were Datuk Seri Vazeer Alam Mydin Meera and Datuk Azimah Omar.
The prosecution had appealed against the Court of Appeal's decision on Jan 13, 2025, to acquit Gopinaath of murdering Nhaveen, who was 18 at the time, at a park along Jalan Bunga Raya between 11pm and midnight on June 9, 2017.
Gopinaath was charged in 2021, four years after the incident, while the prosecution's seventh witness was testifying during the trial.
The Court of Appeal also ordered four men - J. Ragesuthan and S. Gokulan, both now aged 27, as well as two others who were juveniles at the time of the incident - to enter their defence on a murder charge after allowing the prosecution's appeal against the Penang High Court's decision on Oct 3, 2023, to discharge and acquit them.
The appellate court also remitted the case to the Penang High Court for the four men to enter their defence.
The four were further ordered to enter their defence on a charge of causing injury to Nhaveen's friend, T. Previin, near the Karpal Singh Learning Centre along Jalan Kaki Bukit, Gelugor, between 11 pm and midnight on June 9, 2017.
Case management was fixed for July 3 at the Penang High Court to set trial dates.
Nhaveen sustained serious injuries after being assaulted by a group of youths in an incident along Jalan Kaki Bukit, Gelugor. He was admitted to Penang Hospital but died six days later.
His friend, Previin, was also reportedly assaulted by the same group with motorcycle helmets but managed to escape and seek help. – Bernama
