PUTRAJAYA, Feb 26 (Bernama) — Four policemen freed of a charge of murdering a 32-year-old man in a police lock-up almost four years ago have been ordered to enter their defence.
The Court of Appeal Friday overturned the High Court acquittal of the policemen over the murder of N. Dharmendran in 2013.
A three-member bench led by Justice Datuk Wira Mohtaruddin Baki allowed the prosecution appeal to set aside the policemen’s acquittal and ordered them to enter defence on the murder charge.
Mohtaruddin said there was overwhelming circumstantial evidence to implicate the policemen — Inspector S. Hare Krishnan, 42, Sergeant Jaffri Jaafar, 46, Corporal Mohd Nahar Abd Rahman, 47, and Corporal Mohd Haswadi Zamri Shaari, 34.
The policemen, who have been free for more than one year, returned to jail today after the court ordered them to be remanded pending disposal of their case.
They are accused of killing Dharmendran at the Serious Crimes Division (D9) interrogation room on Level 7 of the Kuala Lumpur Police headquarters in Jalan Hang Tuah between May 18 and May 21, 2013. They face the death sentence if convicted under Section 302 of the Penal Code.
Mohtaruddin said the court found that Dharmendran suffered 52 injuries while he was in the custody of the policemen. The injuries might not have caused Dharmendran’s death, individually, but they could have, cumulatively, he said.
The three-man panel, which included Justices Datuk Seri Zakaria Sam and High Court judge Datuk Abdul Karim Abdul Jalil, remitted the case back to the Kuala Lumpur High Court for the policemen to enter their defence and fixed March 2 for mention of the case.
High Court judge Datuk Kamardin Hashim acquitted the policemen on Dec 12, 2014, at the end of the prosecution case.
Dharmendran was arrested on suspicion of attempted murder involving firearms.
Lawyer M. Athimulan represented Hare Krishnan while counsel for the other policemen were Datuk Baljit Singh Sidhu and Hisyam Teh Poh Teik. Deputy public prosecutor Farah Ezlin Yusop Khan and Hanim Abd Rashid appeared for the prosecution.
Photo credit -mexicogulfreporter.com