GEORGE TOWN: The High Court here has fixed Nov 16 for case management in the matter of four men charged with murdering T. Nhaveen nine years ago.
Justice Datuk Mohd Radzi Abdul Hamid fixed the date after hearing the prosecution and defence teams’ closing submissions on Wednesday (Oct 14).
The case management will allow both parties to update the court on the status of their submissions, including whether any supplementary submissions have been filed or if more time is needed.
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The case management may also determine a date for the decision if both parties have completed filing their supplementary submission to the court registrar.
Earlier, the defence counsel team led by Maanveer Singh Dhillon argued that the prosecution failed to call the doctor who treated Nhaveen in the emergency department, as well as another doctor whose role in his treatment remained unclear.
"There is a big gap here, Yang Arif. We had no opportunity to question these doctors," he said.
He further argued that had the doctors been called to testify, they might have given different evidence.
He said Nhaveen had not fainted after the incident and was still able to ride away on a motorcycle.
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He questioned the circumstances surrounding the incident near Karpal Singh Learning Centre, saying uncertainty remained over whether the fatal assault took place there or if Nhaveen had been killed in a car by the fifth accused, S. Gopinaath.
The defence added that the Court of Appeal had not declared Gopinaath innocent, but ruled that he should have been given the opportunity to recall witnesses during the trial, arguing that the failure to allow this was unfair.
Gopinaath, was acquitted and discharged in October 2023 along with J. Ragesuthan, S. Gokulan and V Sharmah, all 27, and K. Tatisan, 26.
However, Ragesuthan, Gokulan, Sharmah and Tatisan were rearrested and remanded after the Court of Appeal ruled in June that they must enter their defence on charges of murdering Nhaveen and causing injury to his friend, T. Previin, at the same time and place.
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Deputy public prosecutor Mohd Amril Johari Yazid Mustaqim Roslan said there were inconsistencies in the defence position during the prosecution's case and its submissions during its own stage.
He argued that the defence had never expressly denied or challenged the presence of the accused at the scene in Padang Openg or at the related location in Jalan Kaki Bukit.
"There was no outright denial that the incident in Padang Openg had taken place. The defence merely disputed that the four accused assaulted the victim, with the first three describing it as a scuffle and only the fourth accused referring to it as an altercation," he said.
He said only Previin had been admitted to hospital for injuries, despite claims that Sharmah had been injured and fainted.
No medical report or police complaint had been produced regarding the alleged incident involving Sharmah, he added.
The prosecution urged the court to uphold the charges, convict all the accused and impose sentences in accordance with the law.
