Defence allowed to begin impeachment in Nhaveen murder trial

 

Deputy public prosecutors Amril Johari (second from right) and Yazid Mustaqim Roslan (centre) with defence lawyer S Yagoo (left). With them are lawyers Sukhindarpal Singh (right) and K Muthiah.

GEORGE TOWN: The High Court here today allowed the defence in the T Nhaveen murder trial to use evidence from a star witness to impeach the credibility of that witness.

The court overruled the deputy public prosecutor’s objections to the defence’s use of evidence gathered from the star witness during the prosecution’s examination-in-chief (EIC) as grounds to initiate impeachment proceedings, saying it was “legally improper” as per a 2002 case law.

Lead defence counsel Naran Singh yesterday sought to impeach the credibility of T Previin, 23, as his witness statements to the police and the evidence in court were inconsistent.

Judge Radzi Abdul Hamid, in turning down the prosecutor’s objection, said the defence would be allowed to refer to Previin’s earlier evidence in its attempt to impeach Previin.

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T Previin.

He reminded the defence that procedures and general principles of impeachment must be adhered to.

Radzi also said the prosecution’s objection, based on a 2002 reported case law involving the public prosecutor vs Ramli Shafie, could not be used to dismiss the defence’s impeachment attempt as the facts of the reported case differed vastly.

T Nhaveen.

The prosecution contended that under the laws governing impeachments, the expression “former statements” in Section 155(c) of the Evidence Act 1950 did not include statements from the witness from an earlier stage of the same proceeding.

Upon a request from Naran, the judge adjourned the case to Monday.

Five people are charged with murder in Nhaveen’s death. They are S Gopinaath, 30, J Ragesuthan, 22, S Gokulan, 22, and two other unnamed persons who were juveniles when the offence took place.

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

The five are also charged with committing grievous assault on Previin near the Karpal Singh Learning Centre in Bukit Gelugor that night.

Amril Johari and Yazid Mustaqim Roslan appeared for the prosecution, while S Yagoo and Maanveer Singh Dhillon also represented the accused.

Sukhindarpal Singh held a watching brief for the Bar Council while K Muthiah held a watching brief for Suhakam. - FMT