PENDAKWARAYA PUBLIC PROSECUTOR 1. MOHD RUZAINI BIN SAMINGAN (I/C NO. : XXXXXX-XX-XXXX) 2. ROSZAIMI BIN ROSLAN (I/C NO. : XXXXXX-XX-XXXX)

PENDAKWARAYA PUBLIC PROSECUTOR 1. MOHD RUZAINI BIN SAMINGAN (I/C NO. : XXXXXX-XX-XXXX) 2. ROSZAIMI BIN ROSLAN (I/C NO. : XXXXXX-XX-XXXX)

The s.51 application was refused because the defence did not establish the required criteria of necessity and desirability and failed to demonstrate that the document sought (Batu Pahat Report 024281/16) was both relevant and properly subject to production; furthermore such police investigation reports are privileged and not automatically disclosable where the prosecution does not intend to tender them.

Citation
JB-45-11-04/2018 (Mahkamah Tinggi)
Parties
Prosecutor: Public Prosecutor; Accused: Mohd Ruzaini bin Samingan; Accused: Roszaimi bin Roslan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
16 March 2021
Case Number
JB-45-11-04/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal Dangerous Drugs (section 39 B) / Trial Oral Application for Production of Documents Under Section 51 CPC
Outcome
Application under section 51 CPC disallowed
Legal Topics
Disclosure, Section 51 Criminal Procedure Code, Police Reports (s.107), Privilege of Investigative Statements, First Information Report
Source Language
Malay/English
Criminal Law Evidence Procedural Law Disclosure Section 51 Criminal Procedure Code Police Reports (s.107) Privilege of Investigative Statements First Information Report

Case Brief

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Parties

Public Prosecutor

Prosecutor

Mohd Ruzaini bin Samingan

Accused

Roszaimi bin Roslan

Accused

Procedural Posture

Criminal Dangerous Drugs (section 39 B) / Trial Oral Application for Production of Documents Under Section 51 CPC

Legal Issues

  1. 1 Whether a police report recorded under section 107 Criminal Procedure Code (Batu Pahat Report 024281/16) must be produced to the defence under section 51 CPC
  2. 2 Whether police investigation reports/statements are privileged and not disclosable
  3. 3 What are the prerequisites for an order under section 51 CPC (relevancy, specificity, possession, necessity, desirability)

Ratio Decidendi

The s.51 application was refused because the defence did not establish the required criteria of necessity and desirability and failed to demonstrate that the document sought (Batu Pahat Report 024281/16) was both relevant and properly subject to production; furthermore such police investigation reports are privileged and not automatically disclosable where the prosecution does not intend to tender them.

Court Disposition

Application under section 51 CPC disallowed

Orders

  • Application for production of Batu Pahat Report 024281/16 under section 51 Criminal Procedure Code is dismissed