Pendakwa Raya v Gopinaath a/l Selvarajoo

Appellant(s): Pendakwa Raya

Respondent(s): Gopinaath A/L Selvarajoo

• YA Dato' Che Mohd Ruzima Bin Ghazali
• YA Datuk Mohamed Zaini Bin Mazlan
• YA Datuk Noorin binti Badaruddin

• The case involved five accused persons (R1-R5) charged with murder under Section 302 of the Penal Code and grievous hurt under Section 326 of the Penal Code, read with Section 34 of the same Code, arising from an incident in June 2017.
• The first four accused (R1-R4) were charged with murder and grievous hurt at the first incident location, while the fifth accused (R5) was subsequently charged with the murder of the same victim, allegedly at a second location (Padang Openg).
• The High Court ordered R1-R4 to enter their defence but acquitted and discharged R5 at the close of the prosecution's case, leading the prosecutor to appeal against R5's acquittal.

• Whether the fifth respondent was denied the right to a fair trial under Article 5(1) of the Federal Constitution by being charged mid-trial and not being offered the opportunity to cross-examine prosecution witnesses who had already testified.
• Whether the police investigation into the fifth respondent's involvement was fair and adequate, particularly concerning the absence of a recorded statement from him to verify the complainant's testimony.
• Whether there was reasonable doubt regarding the occurrence of the second incident at Padang Openg, where the fifth respondent was allegedly involved, and the inconsistency of the charge stating the murder occurred at two different locations.

• The Court of Appeal dismissed the prosecutor's appeal, thereby upholding the High Court's decision to acquit and discharge the fifth respondent at the close of the prosecution's case.
• The Court found that the fifth respondent's right to a fair trial was denied as he was not offered the opportunity to cross-examine crucial prosecution witnesses who had testified before he was charged, rendering any subsequent defence as "afterthought".
• The Court agreed with the High Court that the police failed to conduct a fair investigation regarding the fifth respondent's involvement, and there was reasonable doubt concerning the alleged incident at Padang Openg and the contradictory details of the murder charge.