1. ) ANAS HAFIZIN BIN AHMAD 2. ) MUHAMAD ASLAM BIN OSMAN 3. ) IBRAHIM BIN DAHAMID

1. ) ANAS HAFIZIN BIN AHMAD 2. ) MUHAMAD ASLAM BIN OSMAN 3. ) IBRAHIM BIN DAHAMID

Because the prosecution's examination and PW1's answers had already revealed PW1's identity as the boat operator, the court found statutory protection unnecessary and ordered that PW1 give further testimony as an ordinary sworn witness; the earlier order for typed/confidential testimony was cancelled but the testimony was to proceed without public gallery (in camera) and with a prohibition on disclosure of PW1's information absent legal process; the court also held s.14 Act 747 does not require advance notice to the defence.

Citation
KA-46SOM-4-12/2022 (Mahkamah Tinggi)
Parties
Prosecutor: 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-4-12/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal / Trial (prosecution Case Stage)
Outcome
Application to maintain typed/anonymous testimony refused; PW1 ordered to testify as an ordinary sworn witness; prior order for typed testimony cancelled; proceedings for PW1 to be held without public gallery and disclosure of PW1 information prohibited except by legal process.
Legal Topics
Protected Witness Testimony, In Camera Proceedings, Advance Notice for Protection Orders, Confrontation and Cross Examination, Section 14 Security (special Measures) Act 2012, Section 20 Witness Protection Act 2009
Source Language
Malay/English
Criminal Law Immigration Law Evidence Law Witness Protection Criminal Procedure Protected Witness Testimony In Camera Proceedings Advance Notice for Protection Orders +3 more

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Parties

Pendakwa Raya

Prosecutor

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 / Trial (prosecution Case Stage)

Legal Issues

  1. 1 Whether PW1 should continue to give testimony in typed/anonymous form or as an ordinary sworn witness
  2. 2 Whether advance notice to the defence is required under section 14 Security (Special Measures) Act 2012
  3. 3 Whether identity protection remains necessary once identity has been effectively disclosed

Ratio Decidendi

Because the prosecution's examination and PW1's answers had already revealed PW1's identity as the boat operator, the court found statutory protection unnecessary and ordered that PW1 give further testimony as an ordinary sworn witness; the earlier order for typed/confidential testimony was cancelled but the testimony was to proceed without public gallery (in camera) and with a prohibition on disclosure of PW1's information absent legal process; the court also held s.14 Act 747 does not require advance notice to the defence.

Court Disposition

Application to maintain typed/anonymous testimony refused; PW1 ordered to testify as an ordinary sworn witness; prior order for typed testimony cancelled; proceedings for PW1 to be held without public gallery and disclosure of PW1 information prohibited except by legal process.

Orders

  • PW1 shall give further testimony as an ordinary sworn witness in court (face-to-face)
  • Earlier order permitting typed/confidential testimony under s.14 Act 747 is cancelled insofar as it prevented PW1 being seen and heard by the accused