Lead defence counsel Naran Singh said this was because Previin’s testimony was “highly prejudiced” and was not related to the time of the murder.

“The testimony given by Previin does not fall under the principle of ‘res gestae’ or dying declaration and should not be admitted. Whatever is said has now become hearsay and highly prejudicial.

“I am afraid my clients would not be afforded a fair trial under the law,” he told the court.

The “res gestae” principle allows hearsay evidence to be admitted in court in certain situations.

Naran further told the court the testimony might deprive the accused of a fair trial, as the witness gave irrelevant evidence.

Deputy public prosecutor Amril Johari then told the court that the prosecution would need time to examine the evidence claimed to be irrelevant.

Judge Radzi Abdul Hamid then adjourned the trial till tomorrow morning to hear the prosecution’s reply to the concerns raised.

Yagoo Subramaniam also represented the accused, while Sukhindarpal Singh held a watching brief for the Bar Council.

S Gopinaath, 30, J Ragesuthan, 22, S Gokulan, 22, and two others have been charged with Nhaveen’s murder. The other two unnamed persons were juveniles when the offence took place.

They are accused of committing the offence under Section 302 of the Penal Code at the Jalan Bunga Raya park on June 9, 2017, between 11pm and midnight.

The five are also accused of committing grievous assault against Previin near the Karpal Singh Learning Centre, Jalan Kaki Bukit, Bukit Gelugor, between 11pm and midnight under Section 326 of the Penal Code.