Tan Sri Muhammad Shafee Abdullah, Pn. Tania Scivetti, En. Wan Aizuddin Wan Mohamad, En. Rahmat Hazlan, Cik Mahiyah Sirajkumat, Cik Shahirah Hanapiah, Cik Zahria Eleena Redza, En. Low Zhi Jie & En. Rashad Rashid (Tetuan Shafee & Co. & Tetuan

Tan Sri Muhammad Shafee Abdullah, Pn. Tania Scivetti, En. Wan Aizuddin Wan Mohamad, En. Rahmat Hazlan, Cik Mahiyah Sirajkumat, Cik Shahirah Hanapiah, Cik Zahria Eleena Redza, En. Low Zhi Jie & En. Rashad Rashid (Tetuan Shafee & Co. & Tetuan

All applications dismissed: documents relating to third parties (Zeti Aziz family) and other items were not shown to be relevant or necessary under Section 51 CPC and were premature or amounted to collateral attack; police/prosecution statements are privileged and not producible; requested materials not in...

Source-derived case information.

Citation
WA-44-42 & 68-04/2021 (Mahkamah Tinggi)
Parties
Applicant: Dato’ Sri Mohd Najib bin Hj. Abd Razak; Respondent: Public Prosecutor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
12 July 2021
Case Number
WA-44-42 & 68-04/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Application / Interlocutory Motion Hearing During Trial
Outcome
All prayers in Enclosure 1 of WA-44-42-03/2021 and WA-44-68-04/2021 dismissed in their entirety
Legal Topics
Document Production Under Section 51 CPC, Prosecution Privilege and Police Statements, Relevance Test for Disclosure, Collateral Attack on Witness Credibility, Prosecutorial Discretion, Mutual Legal Assistance, Adverse Inference Under Evidence Act
Criminal Procedure Evidence Anti Money Laundering Law Anti Corruption Law Document Production Under Section 51 CPC Prosecution Privilege and Police Statements Relevance Test for Disclosure Collateral Attack on Witness Credibility +3 more

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Parties

Dato’ Sri Mohd Najib bin Hj. Abd Razak

Applicant

Public Prosecutor

Respondent

Procedural Posture

Criminal Application / Interlocutory Motion Hearing During Trial

Legal Issues

  1. 1 Whether Section 51A CPC or Section 51 CPC applies to post-trial/document production requests
  2. 2 Whether documents sought are "necessary or desirable" under Section 51 CPC (relevancy test)
  3. 3 Whether police/prosecution statements recorded under s30(8) MACCA and s32 AMLATFPUA are producible or privileged

Ratio Decidendi

All applications dismissed: documents relating to third parties (Zeti Aziz family) and other items were not shown to be relevant or necessary under Section 51 CPC and were premature or amounted to collateral attack; police/prosecution statements are privileged and not producible; requested materials not in respondent’s possession and therefore unenforceable; broadly framed/speculative requests constituted impermissible fishing expeditions; defence cannot direct prosecution or compel mutual assistance actions.

Court Disposition

All prayers in Enclosure 1 of WA-44-42-03/2021 and WA-44-68-04/2021 dismissed in their entirety

Orders

  • Enclosure 1 and its prayers in WA-44-42-03/2021 dismissed in its entirety
  • Enclosure 1 and its prayers in WA-44-68-04/2021 dismissed in its entirety