1. ) MOHD RAZIN BIN RAZALI 2. ) MOHAMAD FAIZAL BIN AHMAD ZAKI

1. ) MOHD RAZIN BIN RAZALI 2. ) MOHAMAD FAIZAL BIN AHMAD ZAKI

The court held that s14 Act 747 permits special protective measures without advance notice and that the earlier closed inquiry and order for typed/video evidence were lawful; however, because PW1's own testimony during prosecution examination revealed details that effectively identified the witness and because PW1 functioned as an active agent provocateur whose credibility required direct confrontation, protection was no longer necessary. Consequently the trial court's order that PW1 give further evidence as an ordinary sworn witness was upheld subject to in‑camera hearing (no public gallery) and a prohibition on disclosure of PW1's identity except by legal process.

Citation
KA-46SOM-3-12/2022 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Mohd Razin bin Razali; Accused: Mohamad Faizal bin Ahmad Zaki; Accused: Anas Hafizin bin Ahmad; Accused: Muhamad Aslam bin Osman; Accused: Ibrahim bin Dahamid
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 July 2024
Case Number
KA-46SOM-3-12/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal / Prosecution Case (trial at High Court, Joint Trials)
Outcome
Prosecution's appeal dismissed in part: court confirmed that earlier protection regime under s14 Act 747 was lawful but found PW1's identity had been disclosed during examination and ordered PW1 to give further evidence as an ordinary sworn witness; hearing to proceed without public gallery and disclosure of PW1's...
Legal Topics
Protected Witness Testimony, In Camera Proceedings, Section 14 Security (special Measures) Act 2012 (act 747), Section 20 Witness Protection Act 2009 (act 696), Confrontation/cross Examination, Advance Notice/disclosure
Source Language
Malay/English
Criminal Law Immigration Law Witness Protection Law Court Procedure Protected Witness Testimony In Camera Proceedings Section 14 Security (special Measures) Act 2012 (act 747) Section 20 Witness Protection Act 2009 (act 696) +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Pendakwa Raya

Prosecution

Mohd Razin bin Razali

Accused

Mohamad Faizal bin Ahmad Zaki

Accused

Anas Hafizin bin Ahmad

Accused

Muhamad Aslam bin Osman

Accused

Ibrahim bin Dahamid

Accused

Procedural Posture

Criminal / Prosecution Case (trial at High Court, Joint Trials)

Legal Issues

  1. 1 Whether the court erred in ordering PW1 to give evidence as an ordinary sworn witness despite earlier protection measures
  2. 2 Whether advance notice to defence was required under s14 Act 747 prior to conducting inquiry or presenting protected witness evidence
  3. 3 Whether identity of the protected witness had been effectively disclosed thereby negating need for protective measures

Ratio Decidendi

The court held that s14 Act 747 permits special protective measures without advance notice and that the earlier closed inquiry and order for typed/video evidence were lawful; however, because PW1's own testimony during prosecution examination revealed details that effectively identified the witness and because PW1 functioned as an active agent provocateur whose credibility required direct confrontation, protection was no longer necessary. Consequently the trial court's order that PW1 give further evidence as an ordinary sworn witness was upheld subject to in‑camera hearing (no public gallery) and a prohibition on disclosure of PW1's identity except by legal process.

Court Disposition

Prosecution's appeal dismissed in part: court confirmed that earlier protection regime under s14 Act 747 was lawful but found PW1's identity had been disclosed during examination and ordered PW1 to give further evidence as an ordinary sworn witness; hearing to proceed without public gallery and disclosure of PW1's...

Orders

  • PW1 to give further evidence as an ordinary sworn witness in court
  • PW1's evidence to be heard without presence of public gallery (in camera)