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.