The accused – J. Ragesuthan, 26, S. Gokulan, 26, and two others who were juveniles at the time of the incident – will now face trial for the murder charges. The three-judge panel comprising Justices Datuk Che Mohd Ruzima Ghazali, Datuk Mohamed Zaini Mazlan, and Datuk Noorin Badaruddin also directed the four to enter their defence on an additional charge of causing grievous hurt to Nhaveen's friend, T. Previin, who was 19 years old at the time.
The appellate court allowed the prosecution's appeal to overturn the High Court’s October 2023 decision that had acquitted and discharged the five accused without calling for their defence.
Delivering the unanimous decision, Justice Che Mohd Ruzima stated that there was sufficient evidence to establish a prima facie case against the four individuals. He ordered the case to be remitted to the Penang High Court for the trial to proceed and directed the four accused to be remanded pending the trial.
Meanwhile, the panel upheld the acquittal of S. Gopinaath, 34, who was charged in 2021, four years after the incident and during the ongoing trial. Justice Che Mohd Ruzima noted that Gopinaath faced prejudice, as he was charged while a prosecution witness was testifying. The court concluded that the prosecution failed to establish a prima facie case against him.
The four accused are charged with murdering T. Nhaveen, then 18, at a park on Jalan Bunga Raya between 11 pm and midnight on June 9, 2017. They also face charges of causing grievous hurt to Previin near the Karpal Singh Learning Centre on Jalan Kaki Bukit, Gelugor, during the same timeframe.
According to the case facts, Nhaveen was brutally assaulted with a helmet and sustained severe injuries. He was admitted to the Penang General Hospital, where he succumbed to his injuries six days later, on June 15, 2017.
Deputy Public Prosecutors Mohd Amril Johari and Yazid Mustaqim Roslan represented the prosecution. Lawyer Datuk Naran Singh appeared for Ragesuthen, Gokulan, Gopinaath, and one of the juveniles, while lawyer Maanveer Singh Dhillon represented the other juvenile.
The case will now return to the Penang High Court, where the four accused will present their defence.
Source / Image Credit : Bernama , Awani , NST