A three-judge panel comprising Justices Che Ruzima Ghazali, Zaini Mazlan and Noorin Badaruddin also ordered that the case be remitted to the High Court in George Town where they will be asked to enter their defence.
The appeals court also ordered that the case continue before Justice Radzi Hamid, who presided over the prosecution’s case. Radzi presently sits in the Melaka High Court.
Delivering the unanimous verdict, Che Ruzima said the prosecution had proven a prima facie case against the four accused to warrant the calling of their defence.
“We agree with the arguments raised by the prosecutors and find that the High Court judge erred in rejecting their case,” he said.
The panel further ordered that all four accused be placed in remand pending trial.
The four individuals were acquitted in October 2023, giving rise to the present appeal.
They are charged under Section 302 of the Penal Code for Nhaveen’s murder.
Nhaveen died in 2017 following a brutal attack by a group of teenagers at a park in Bukit Gelugor.
The panel also reversed the acquittal granted to the four accused from a charge of assaulting T Previin, 19, with a dangerous weapon, and ordered that they enter their defence.
Previin, who was with Nhaveen at the time of the incident, sustained serious injuries to his eyes and head from the assault.
Separately, the appellate court affirmed the acquittal of S Gopinaath, 34, who was charged in 2021, four years after the incident, while the trial was ongoing.
“We agree with Gopinaath’s lawyer that there is prejudice against his client as he was charged while the others were giving their evidence in court.
“Therefore, we find that the prosecution failed to establish a prima facie case against Gopinaath,” Ruzima said.
Deputy public prosecutors Amril Johari and Yazid Mustaqim Roslan appeared for the prosecution, while lawyer Naran Singh appeared for the accused.
J Ragesuthan, 22, S Gokulan, 22, and two others who were juveniles at the time – are charged with committing the offence near the Karpal Singh Learning Centre, Jalan Kaki Bukit, Bukit Gelugor, between 11pm and midnight on June 9, 2017.
At the conclusion of the hearing today, all four men who were present in court were arrested by police and taken into custody.