Why did the prosecution fail to serve the appeal notice?

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Prosecution Fails to Serve Appeal Notice in Nhaveen Murder Case Due to Respondent's Unavailability

The prosecution's appeal against the acquittal of S. Gopinaath for the murder of T. Nhaveen was struck out by the Federal Court as the respondent could not be located for personal service of the notice of appeal. This marks the fifth unsuccessful attempt by the prosecution to effect service, preventing the appeal from proceeding.
Unsuccessful Attempts at Service

The Federal Court's decision to strike out the appeal was a direct consequence of the prosecution's inability to personally serve the notice of appeal on S. Gopinaath. Deputy Public Prosecutor Allan Suman Pillai informed the court that despite multiple efforts, the respondent, who resides in Penang, could not be located. This failure to establish personal service is a procedural requirement that, when unmet, can lead to the dismissal of an appeal. The prosecution indicated this was their fifth attempt to serve the notice.
Background of the Appeal

The prosecution was seeking to overturn a January 13, 2025, decision by the Court of Appeal, which had acquitted Gopinaath of the murder of T. Nhaveen. Nhaveen, who was 18 years old at the time, died on June 9, 2017, after being attacked in a park. Gopinaath was subsequently charged in 2021, four years after the incident. The Federal Court's ruling effectively upholds the Court of Appeal's acquittal of Gopinaath on this charge.
Other Individuals Ordered to Enter Defence

In related proceedings stemming from the same incident, the Court of Appeal had previously ordered four other individuals to enter their defence on charges of murder and causing injury. This decision followed the Penang High Court's earlier discharge and acquittal of these four men on October 3, 2023. The appellate court's order means these four individuals will now have to present their defence in relation to the murder of T. Nhaveen and the assault on his friend, T. Previin, near the Karpal Singh Learning Centre. Case management for these proceedings has been scheduled for July 3 at the Penang High Court.

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Why did the prosecution fail to serve the appeal notice?

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