Appellate court orders men to enter defence for Nhaveen murder

The Court of Appeal today ordered four individuals accused of the murder of T Nhaveen in Penang seven years ago to enter their defence.

According to a news report, a panel of three judges overturned an earlier decision by the Penang High Court, which dismissed the case two years ago.

The panel chaired by Che Mohd Ruzima Ghazali found that the prosecution had proven a prima facie (answerable) case against the four and thus required them to enter their defence for the June 2017 murder.

“We agree with the arguments raised by the prosecutors and find that the High Court judge erred in rejecting their case,” Ruzima said when announcing the appellate court’s ruling, as quoted by Free Malaysia Today.

The court also ordered the accused be placed under remand detention pending conclusion of their trial, the report said.

Meanwhile, the appellate court also upheld the acquittal of a fifth accused, S Gopinaath - who was charged in 2021 while the High Court case was ongoing.

The High Court in George Town, Penang had in Oct 2022 acquitted and discharged five individuals who were accused of murdering Nhaveen, who was 18.

Judge Mohd Radzi Abdul Hamid had given the order to Gopinaath, J Ragesuthan, and S Gokulan, and two others, who were juveniles at the time of the incident, after finding that the prosecution failed to establish a prima facie at the end of the prosecution's case.

They were charged under Section 302 of the Penal Code which carries the death penalty.

Nhaveen was reportedly attacked by five teenagers who pummeled him with their helmets. He was found in a field near his house at Jalan Kaki Bukit in Bukit Gelugor, George Town, Penang.

He was placed on life support upon admission to the Penang Hospital. The teenager died at 6pm on June 15, 2017, while receiving treatment.

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