GOPINAATH A/L SELVARAJOO

GOPINAATH A/L SELVARAJOO

The Court dismissed the prosecution appeal and upheld the High Court discharge of R5 because the prosecution's failure to offer key witnesses for cross-examination when R5 was joined mid-trial, combined with material contradictions and inadequate investigation regarding the alleged second scene (Padang Openg) and the impossibility of the same killing occurring in two places, created reasonable doubt and amounted to denial of a fair trial; no error of law, fact or procedure justified appellate interference.

Citation
P-05(LB)-456-10/2023 (Mahkamah Rayuan)
Parties
Perayu: Pendakwa Raya; Responden: Ragesuthen A/L Jayasankar; Responden: Sharmah A/L Velu; Responden: Gokulan A/L Selvarajoo; Responden: Tatisan A/L Kunasegaran; Responden: Gopinath A/L Selvarajoo
Court
LB
Jurisdiction
Malaysia
Judgment Date
13 January 2025
Case Number
P-05(LB)-456-10/2023 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal (rayuan Jenayah) / Determination of Appeal Against Acquittal/discharge at Court of Appeal (final Judgment)
Outcome
Appeal dismissed; High Court order discharging and acquitting Gopinath a/l Selvarajoo (Respondent Five) upheld.
Legal Topics
Murder (s.302 Penal Code), Causing Grievous Hurt (s.326 Penal Code), Joint Liability (s.34 Penal Code), Right to Cross Examine (s.173 Criminal Procedure Code), Fair Trial (article 5(1) Federal Constitution), Investigation Standards and Prosecutorial Duty
Source Language
Malay/English
Criminal Law Criminal Procedure Constitutional Law Murder (s.302 Penal Code) Causing Grievous Hurt (s.326 Penal Code) Joint Liability (s.34 Penal Code) Right to Cross Examine (s.173 Criminal Procedure Code) Fair Trial (article 5(1) Federal Constitution) +1 more

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Parties

Pendakwa Raya

Perayu

Ragesuthen A/L Jayasankar

Responden

Sharmah A/L Velu

Responden

Gokulan A/L Selvarajoo

Responden

Tatisan A/L Kunasegaran

Responden

Gopinath A/L Selvarajoo

Responden

Procedural Posture

Criminal Appeal (rayuan Jenayah) / Determination of Appeal Against Acquittal/discharge at Court of Appeal (final Judgment)

Legal Issues

  1. 1 Whether the High Court erred in discharging and acquitting Respondent Five at the close of the prosecution case
  2. 2 Whether failure to offer key prosecution witnesses for cross-examination violated s.173(e) CPC and deprived R5 of a fair trial under Art 5(1) Constitution
  3. 3 Whether the prosecution conducted adequate investigation of the alleged second scene (Padang Openg) and whether facts supported joinder of R5 in the murder charge

Ratio Decidendi

The Court dismissed the prosecution appeal and upheld the High Court discharge of R5 because the prosecution's failure to offer key witnesses for cross-examination when R5 was joined mid-trial, combined with material contradictions and inadequate investigation regarding the alleged second scene (Padang Openg) and the impossibility of the same killing occurring in two places, created reasonable doubt and amounted to denial of a fair trial; no error of law, fact or procedure justified appellate interference.

Court Disposition

Appeal dismissed; High Court order discharging and acquitting Gopinath a/l Selvarajoo (Respondent Five) upheld.

Orders

  • Appeal by the Pendakwa Raya dismissed
  • Decision of the High Court discharging and acquitting Respondent Five (Gopinath a/l Selvarajoo) is maintained