Justice Mokhtaruddin Baki overturned the High Court decision in acquitting Inspector S Hare Krishnan, Sargent Jaffri Jaafar, Corporals Mohd Nahar Abd Rahman, and Haswadi Zamri Shaari, for allegedly murdering Dharmendran.
“We unanimously order the four accused to enter their defence for the charge of murder at the High Court,” he said.
Other judges in the panel included Justices Zakaria Sam and Abdul Karim Abdul Jalil.
Justice Mokhtaruddin ruled that the circumstantial evidence was “overwhelming”. “The deceased was remanded in the custody of the accused from May 12 till his death on May 21, 2013.”
“The injuries he sustained were fresh, which was during the period he was remanded.”
The panel ordered Hare and three others to be remanded till the disposal of the case in the High Court.
“We fix March 2 for mention at the High Court,” said Justice Mokhtaruddin.
Hisyam Teh Poh Teik acting for Jaffri, Nahar and Haswadi told reporters that his clients were shocked upon hearing the acquittal overturned.
Deputy public prosecutor Farah Ezlin Yusop Khan said Justice Kamardin Hashim would be hearing the continuation of the trial.
On December 12, the High Court freed Hare, Jaffri, Nahar, and Haswadi for the alleged death of Dharmendran in custody at the end of the prosecution’s case.
Justice Kamardin Hashim ruled that the prosecution failed to prove the motive in the case.
The four cops were charged with murdering Dharmendran at the Kuala Lumpur Police Headquarters interrogation room on May 21, 2013.