[Suruhanjaya Pencegahan Rasuah Malaysia (SPRM)] MUHAMAD SYUKRI BIN ISHAK

[Suruhanjaya Pencegahan Rasuah Malaysia (SPRM)] MUHAMAD SYUKRI BIN ISHAK

Section 402B is directory; the Sessions Court judge lawfully exercised judicial discretion in allowing SP4 to testify orally and use the witness statement as a guide; there was no incorrectness, impropriety or illegality in the ruling that would justify High Court revision under ss323/325 CPC, therefore the Sessions Court ruling is upheld.

Citation
PB-43(A)-1-01/2023 (Mahkamah Tinggi)
Parties
Applicant: Pendakwa Raya; Respondent: Muhammad Syukri bin Ishak and 24 others
Court
A
Jurisdiction
Malaysia
Judgment Date
2 November 2023
Case Number
PB-43(A)-1-01/2023 (Mahkamah Tinggi)
Procedural Posture
Criminal Revision Application / High Court Hearing of Revision of Sessions Court Ruling
Outcome
Application for revision dismissed; Sessions Court ruling upheld
Legal Topics
Section 402 B Criminal Procedure Code, Admissibility of Witness Statements, Judicial Discretion, High Court Revisionary Powers (sections 323/325 Cpc), Hearsay and Leading Questions, Timing of Objections
Source Language
Malay/English
Criminal Procedure Evidence Law Administrative/judicial Review Section 402 B Criminal Procedure Code Admissibility of Witness Statements Judicial Discretion High Court Revisionary Powers (sections 323/325 Cpc) Hearsay and Leading Questions +1 more

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Parties

Pendakwa Raya

Applicant

Muhammad Syukri bin Ishak and 24 others

Respondent

Procedural Posture

Criminal Revision Application / High Court Hearing of Revision of Sessions Court Ruling

Legal Issues

  1. 1 Whether the Sessions Court judge properly exercised discretion in permitting SP4 to give oral evidence and to allow the witness statement to be used as a guide
  2. 2 Whether section 402B CPC renders tendering of witness statements mandatory or directory
  3. 3 Whether defects alleged in the witness statement (unsigned, leading questions, hearsay) invalidated its use or justified interference by the High Court

Ratio Decidendi

Section 402B is directory; the Sessions Court judge lawfully exercised judicial discretion in allowing SP4 to testify orally and use the witness statement as a guide; there was no incorrectness, impropriety or illegality in the ruling that would justify High Court revision under ss323/325 CPC, therefore the Sessions Court ruling is upheld.

Court Disposition

Application for revision dismissed; Sessions Court ruling upheld

Orders

  • Maintain the Sessions Court ruling that SP4 give oral evidence and that the written statement may be used as a guide
  • No further orders made