KUALA LUMPUR, June 29 ― The High Court today acquitted four police officers for the second time over the murder of N. Dharmendran who died in custody in 2013.
Inspector Hare Krishnan, Sergeant Jaffri Jaafar, Corporal Mohd Nahar Abd Rahman, and Corporal Mohd Haswadi Zamri Shaari were charged with murder under Section 302 of the Penal Code, which carries a death sentence.
When the judgment was read out by Judge Datuk Kamardin Hashim to the packed courtroom, friends and family of the accused breathed a sigh of relief while the accused were seen shedding tears.
“The prosecution must prove that the evidence points irresistibly to the guilt of accused.
“In this case, the judge held that there were doubt. So he ruled that the prosecution failed to prove beyond reasonable doubt,” defence lawyer Gobind Singh Deo said later.
Kamardin had on December 12, 2014, acquitted the four police officers but the Court of Appeal on February 26 this year ordered them to enter their defence.
Deputy public prosecutor Suhaimi Ibrahim reserved comment on whether or not they would appeal the decision.
Gobind, who was representing Hare Krishnan, also said that the judge had found that the prosecution's case was mostly based on circumstantial evidence.
“The judge accepted that this not a case in which the accused raised a bare denial.
“He accepted that they had a valid defense and accepted that case of the prosecution rested on circumstantial evidence,” he said.
Dharmendran, who was detained for attempted murder, complained of chest pains and collapsed at around 4.25pm on May 21, 2013 while in the police lock-up.
A report by the Enforcement Agency Integrity Commission (EAIC) said last month that Dharmendran was beaten to death during a violent interrogation while in police custody after sustaining 52 blunt force trauma bruises and staple wounds in his ears.
