The prosecution told the High Court that the four accused in T. Nhaveen’s murder shifted their defence, and that it failed to raise reasonable doubt.
GEORGE TOWN: The High Court here was told today that there are four main grounds for the prosecution’s bid to convict the four accused in the murder of teenager T. Nhaveen nine years ago, with the contention that the defence failed to raise reasonable doubt against its case.
Deputy Public Prosecutor (DPP) Mohd Amril Johari said among these grounds was the contradiction between the defence’s version during the prosecution’s case and the accused’s testimony at the defence stage last week.
He said the defence of all four accused had shifted when they gave evidence themselves, particularly regarding a claim by one of them, who was a teenager at the time of the incident, that he was beaten unconscious with a helmet by Nhaveen’s friend, T. Previin, while trying to break up a fight.
Mohd Amril described the claim as an afterthought, as it had not been raised earlier, and said the contradictions in the accused’s testimony raised questions over the defence’s credibility.
“The defence’s case at the prosecution stage is totally different from the defence now. So, they are shifting the goalposts.
“The prosecution’s theory also does not dispute their (the accused’s) presence at both locations — Jalan Kaki Bukit and Padang Openg, Gelugor,” he said while submitting during the defence proceedings of the four individuals charged with Nhaveen’s murder.
He questioned the absence of a medical report to support the accused’s claim of being injured to the point of losing consciousness.
He also noted that the issue of a phone call made by one of the accused, J. Ragesuthen, 27, to Nhaveen’s mother, T. Shanti, on the night of the incident was supported by witness testimony.
Mohd Amril asked the court to examine the difference between the brief grounds of judgment of the Court of Appeal, which ordered the four accused to enter their defence, and the full grounds of judgment in the appeal involving another respondent, S. Gopinaath, 35, who was acquitted and discharged.
However, lawyer Maanveer Singh Dhillon, representing all four accused, argued that reasonable doubt remains over how and where the injuries that led to Nhaveen’s death occurred.
He said Nhaveen was still alive after the incident at Jalan Kaki Bukit and had ridden a motorcycle with an individual known as “Belang,” but what happened afterwards could not be ascertained based on the evidence presented in court.
He said the testimony of prosecution witnesses and medical evidence must be assessed as a whole, including the question of whether the injuries Nhaveen sustained occurred at the scene of the fight or after he was taken away.
Maanveer Singh also questioned the discrepancy in the number of individuals said to have been involved in the incident based on several versions of testimony, and stressed that the defence did not deny a scuffle had taken place at Jalan Kaki Bukit, but disputed whether that incident caused Nhaveen’s death.
Judge Datuk Mohd Radzi Abdul Hamid then set Nov 16 for case management to allow the prosecution and defence to file additional submissions before a decision date is fixed.
The four accused, Ragesuthan, S. Gokulan, 27, and two others who were teenagers at the time of the incident, gave their witness statements on Oct 8 and 9 last year.
They were charged under Section 302 of the Penal Code for Nhaveen’s murder, which carries the death penalty or imprisonment of 30 to 40 years and not less than 12 strokes of the cane, upon conviction.
They were also charged under Section 326 of the same law for voluntarily causing grievous hurt to Previin with dangerous weapons, which provides for up to 20 years’ imprisonment and a fine or caning.
Nhaveen and Previin were 18 and 19 years old, respectively, at the time of the incident.
In addition to Mohd Amril, DPPs Yazid Mustaqim Roslan and Noor Azura Zulkiflee also appeared for the prosecution, while all four accused are represented by lawyers Maanveer Singh, R. Thevan and Lim Sheng Zhe. Lawyer T. Gunaseelan is holding a watching brief for Nhaveen’s family.
Previously, the Court of Appeal ordered Ragesuthan, Gokulan and the two teenagers to enter their defence on the charge of murdering Nhaveen after allowing the prosecution’s appeal against the High Court decision that acquitted them on Oct 3, 2023.
They were also ordered to enter their defence on the charge of injuring Previin near the Karpal Singh Learning Centre at Jalan Kaki Bukit, Gelugor, between 11 pm and midnight on June 9, 2017.
Nhaveen died on June 15, 2017, after six days of treatment at Penang Hospital from severe injuries sustained in the incident.