Four policemen were today ordered by a three-member bench of the Court of Appeal to enter their defence for the murder of detainee N Dharmendran in 2013.

The panel, led by Justice Mokhtarudin Baki, unanimously overturned the decision of the High Court, which acquitted the four on Dec 12, 2014.

The Court of Appeal found circumstantial evidence linking the four to the murder, with the wounds on Dharmendran, who was under their care, having been incurred four days before his death on May 21, 2013.

Dharmendran was detained on May 12, 2013, for allegedly being involved in a fight one day before his arrest.

They four are Inspector S Hare Krishnan, 42, from Sungai Petani, Kedah, Sergeant Jaffri Jaafar, 46, Corporal Mohd Nahar Abd Rahman, 47, and Corporal Mohd Haswadi Zamri Shaari, 34.

The appellate court in Putrajaya also fixed March 2 as the mention date in for the case in the High Court. They will be remanded until the case is disposed of.

Kuala Lumpur High Court judge Kamardin Hashim, who found there was no prima facie case against the four, will continue to hear the case.

In its ruling, the High Court said it was unsafe to rely on circumstantial evidence to link them to murder, and there was no proof that all four had attacked the deceased.

Also sitting on the Court of Appeal panel today were Justice Zakaria Sam and Justice Abdul Karim Abdul Jalil.

Amend the charge sheet

According to deputy public prosecutor Farah Ezlin Yusop Khan, the court will amend the charge sheet, which states the murder was committed on the day Dharmendran found dead - from March 21 to March 18 to 21.

Hare Krishnan, Jaffri, Mohd Nahar and Mohd Haswadi were charged with committing the murder at the D9 investigation office, 7th floor, Kuala Lumpur police contingent headquarters on Jalan Hang Tuah.

“The appellate court also said that the four (policemen) had no intention to kill him. Independently, all the injuries could not have caused his death, as none of the wounds were inflicted on the deceased’s vital organs.

“But cumulatively, (the court found) it could (have caused his death). Eventually, he died from the injuries,” Farah said when met outside the court.

She said the appellate court made the ruling based on the testimony of senior pathologist Dr Siew Shue Feng of Hospital Kuala Lumpur, who said all the 52 injuries were fresh.

Dharmendran’s death was listed as a result of blunt force trauma following repeated beatings he suffered while under remand.

Lawyers Ashok Athimulan appeared for Hare Krishnan and Baljit Singh for Jaffri, Mohd Nahar and Mohd Haswadi.