Kes Nhaveen: Pendakwaan kemuka 4 alasan pembelaan gagal timbulkan keraguan munasabah

The High Court has been informed that four main reasons exist for the prosecution to seek dismissal of the charges against four individuals accused of the 2017 murder of T Nhaveen, who died nine years ago. Amril Johari, Deputy Public Prosecutor, said one reason is the discrepancy between the prosecution's version and the defense's account of events during the recent self-defense trial.

He explained that the four defendants' accounts changed when they testified individually, particularly regarding the allegation against one of them, a teenager at the time of the incident, who was punched with a bicycle helmet, causing unconsciousness by T Previin, Nhaveen's friend, during an altercation. Amril described the allegation as likely formed later due to not being raised earlier.

He added that discrepancies in the defendants' testimonies raise questions about their credibility. The prosecution's reasoning in the trial of the four individuals contradicts their defense reasoning, the prosecutor said in court proceedings. The prosecution also questioned the lack of medical reports supporting the defendants' claims of sustaining injuries resulting in unconsciousness.

Amril requested the court to investigate the differences between the summary judgment by the Court of Appeal, which ordered the four defendants to defend themselves, and the full appeal judgment in the appeal against another respondent, S Gopinaath, 35, who was acquitted and released. Attorney Maanveer Singh Dhillon, representing the four defendants, argued that there is still room for reasonable doubt regarding how and where the injuries leading to Nhaveen's death occurred.

He said Nhaveen was still alive after the Jalan Kaki Bukit incident and took a motorbike ride with a person known as Belang, but what happened afterward cannot be confirmed based on the evidence presented in court. Maanveer said prosecution and medical evidence need to be thoroughly evaluated, including whether Nhaveen's injuries occurred at the altercation site or after he was taken away.

He also questioned the discrepancy in the number of individuals involved in the incident based on various testimony versions. He stressed that the defense does not deny the altercation at Jalan Kaki Bukit but disputes whether it caused Nhaveen's death. Judge Radzi Abdul Hamid set November 16 for the management hearing to allow prosecution and defense to file additional arguments before a final decision date.

The four defendants, Ragesuthan, S Gokulan, 27, and two others who were teenagers at the time of the incident, had given statements on October 8 and 9. The prosecution, led by Amril, Yazid Mustaqim Roslan, and Noor Azura Zulkiflee, had four defendants represented by Maanveer, R Thevan, and Lim Sheng Zhe. T Gunaseelan was the observer attorney for Nhaveen's family.

Previously, the Court of Appeal ordered Ragesuthan, Gokulan, and two teenagers to defend themselves against the murder charge of Nhaveen after the High Court acquitted them on October 3, 2023. They were also ordered to defend themselves against the charge of assaulting Previin near the Karpal Singh Learning Center on Jalan Kaki Bukit, Gelugor, between 11 pm and midnight on June 9, 2017. Nhaveen died on June 15, 2017, six days after receiving severe injuries in the incident.