GEORGE TOWN – The high court here freed five young adults who were accused when they were juveniles of murdering their fellow schoolmate T. Nhaveen in 2017.
The young bespectacled boy’s death drew widespread attention, especially since he was the only child of single mother G. Shanti, who until today remained grief-stricken by the ordeal.
However, Justice Mohd Radzi Abdul Hamid found several inconsistencies in the prosecution’s case leading to an inability to advocate a prima facie (guilt beyond reasonable doubt) case against the five males accused of murdering Nhaveen near the Karpal Singh Learning Centre in Gelugor.
The five – S. Gopinaath, 32, J. Ragesuthan, 24, S. Gokulan, 24, V. Sharmah, 24 and K. Tatisan, 23 – were thereby ordered released to their respective families.
They have spent a good part of the trial in a special home for troubled youth.
Tears and cries of joy were heard outside the courtroom.
The five were charged with jointly murdering Nhaveen at an open space near Jalan Bunga Raya between 11pm and midnight on June 9, 2017.
Justice Radzi said the key witness in the case, Previin, the best friend of Nhaveen who was with him at the point of the deadly assault, was found to be unreliable.
“The court finds that the facts and evidence presented for the murder charge were unclear and he could not prove that the five accused had intentions to kill the victim,” Radzi ruled.
He said there were serious doubts cast in the case against the suspects.
“Police also failed to conduct investigations into this case fairly,” he said.
He mentioned that the prosecution failed to call in other witnesses to support Previin’s testimony while when cross-examined Previin presented contradictory evidence.
“Due to his lack of credibility, his testimonies heard in court are rejected and could not be used as evidence for this case,” he said.
Justice Radzi said there were no clear details of what happened on that day.
The five men were represented by Manveer Singh Dhillon, S. Yagoo and Datuk Naran Singh while deputy public prosecutor Mohd Azhar Hamzah represented the government.
Nhaveen, who was 18 years old, was reportedly on his way home with Previin when they were confronted and became embroiled in an altercation with a group of boys.
The boys were later identified to be the five accused.
It was reported that both Nhaveen and Previin were beaten but the latter managed to escape and sought help from adults near the former’s home in Gelugor.
Nhaveen was subsequently found unconscious in a field next to Jalan Kaki Bukit in Bukit Gelugor.
He was declared brain dead and succumbed to his injuries five days later where among the injuries reported was that his anus showed a tear after he was sodomised with an object.
Nhaveen was a doting son and loved music.
His death put a spotlight on school-related bullying and on how the adults were seen as helpless in helping their children navigate the harsh situation of intimidation.
A senior lawyer, who declined to be named, said that the prosecution is expected to appeal the decision. – The Vibes, October 3, 2023
