1. ) CHRIS CHRISTIAN 2. ) MBACHU STEPHEN CHIBUZO 3. ) MBUGA VINCENT PUBLIC PROSECUTOR

1. ) CHRIS CHRISTIAN 2. ) MBACHU STEPHEN CHIBUZO 3. ) MBUGA VINCENT PUBLIC PROSECUTOR

When the prosecution has closed its case and witnesses are offered to the defence, the court may, in the interests of justice and where statements are necessary and desirable to the defence, order the prosecution to disclose copies of Section 112 CPC statements; this is a common law duty exercisable with caution depending on stage and circumstances, not an absolute statutory right to disclosure.

Citation
WA-45A-64-10/2017 (Mahkamah Tinggi)
Parties
Applicant/accused: CHRIS CHRISTIAN; Applicant/accused: MBACHU STEPHEN CHIBUZO; Applicant/accused: MBUGA VINCENT; Respondent: PUBLIC PROSECUTOR
Court
High Court
Jurisdiction
Malaysia
Judgment Date
16 December 2019
Case Number
WA-45A-64-10/2017 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking (section 39 B(1)(a) Dangerous Drugs Act 1952) / Post Prosecution; Accused Called to Enter Defence; Application for Disclosure of Section 112 Statements Under Section 51 CPC
Outcome
Application allowed
Legal Topics
Section 112 CPC Statements, Prosecutorial Disclosure, Privilege of Police Statements, Witness Impeachment and Hearsay Exceptions
Source Language
Malay/English
Criminal Procedure Evidence Disclosure Section 112 CPC Statements Prosecutorial Disclosure Privilege of Police Statements Witness Impeachment and Hearsay Exceptions

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Parties

CHRIS CHRISTIAN

Applicant/accused

MBACHU STEPHEN CHIBUZO

Applicant/accused

MBUGA VINCENT

Applicant/accused

PUBLIC PROSECUTOR

Respondent

Procedural Posture

Criminal Drug Trafficking (section 39 B(1)(a) Dangerous Drugs Act 1952) / Post Prosecution; Accused Called to Enter Defence; Application for Disclosure of Section 112 Statements Under Section 51 CPC

Legal Issues

  1. 1 Whether prosecution can be ordered to release copies of witness statements recorded under Section 112 CPC for witnesses offered to the defence
  2. 2 Whether Siti Aisyah renders release of Section 112 statements mandatory
  3. 3 Whether police statements are absolutely privileged or subject to disclosure at court's discretion

Ratio Decidendi

When the prosecution has closed its case and witnesses are offered to the defence, the court may, in the interests of justice and where statements are necessary and desirable to the defence, order the prosecution to disclose copies of Section 112 CPC statements; this is a common law duty exercisable with caution depending on stage and circumstances, not an absolute statutory right to disclosure.

Court Disposition

Application allowed

Orders

  • Application by the applicants for disclosure of Section 112 statements granted
  • Prosecution is to provide copies of Section 112 CPC statements of the witnesses offered to the defence that are necessary and desirable in the interest of justice, subject to the court's discretion and consideration of stage