Kimnasamy Navasivam Thever vs. Hon. Attorney General – CA 170/2009-2014

In the case between Kimnasamy Navasivam Thever (Accused-Appellant) and the Hon. Attorney General (Respondent), the court addressed whether the conviction for murder was proper in light of questions surrounding causation between the accused’s injuries inflicted on the deceased and the subsequent death, considering pre-existing liver disease and pneumonia. It was held that the prosecution did not establish the chain of causation for murder beyond reasonable doubt due to unresolved medical ambiguity. The conviction for murder was set aside and replaced with a conviction for culpable homicide not amounting to murder. The decision reaffirmed the legal principle that, in cases of medical uncertainty, the prosecution must prove causation between the act and death beyond reasonable doubt. This hol