KAMARUDDIN BIN ABD RAHIM [ ]

KAMARUDDIN BIN ABD RAHIM [ ]

After reviewing the recorded audiovisual testimony and re-examining the evidence, the Court concluded the audiovisual recordings provided adequate advantage to assess credibility, declined to recall the four witnesses, found no real danger of bias or basis for recusal, revoked the prior ruling to recall the witnesses and dismissed the recusal application, directing continued progress of the trial.

Citation
AA-44-68-12/2021 (Mahkamah Tinggi)
Parties
Applicant / Accused: Kamaruddin bin Abd Rahim; Respondent: Public Prosecutor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
19 January 2022
Case Number
AA-44-68-12/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Murder Trial — Recusal Application / Post Prosecution Case; Recusal Application Heard During Maximum Evaluation Under S.180 Cpc; Pre Defence Stage
Outcome
Recusal application dismissed; prior direction to recall SP7, SP9, SP10 and SP11 revoked; trial to continue with dates to be fixed for closing submissions and defence evidence
Legal Topics
Recusal, Recall and Re Examination Under S.425 CPC, Maximum Evaluation of Prosecution Case S.180 CPC, Audiovisual Recordings as Evidence Aid, Judge Shopping
Source Language
Malay/English
Criminal Law Criminal Procedure Evidence Law Judicial Recusal Legal Technology Recusal Recall and Re Examination Under S.425 CPC Maximum Evaluation of Prosecution Case S.180 CPC +2 more

Case Brief

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Parties

Kamaruddin bin Abd Rahim

Applicant / Accused

Public Prosecutor

Respondent

Procedural Posture

Criminal Murder Trial — Recusal Application / Post Prosecution Case; Recusal Application Heard During Maximum Evaluation Under S.180 Cpc; Pre Defence Stage

Legal Issues

  1. 1 Whether the trial judge should recall four prosecution witnesses under s.425 CPC
  2. 2 Whether the trial judge should recuse himself from continuing the trial
  3. 3 Whether available audio‑visual recordings obviate the need to recall witnesses

Ratio Decidendi

After reviewing the recorded audiovisual testimony and re-examining the evidence, the Court concluded the audiovisual recordings provided adequate advantage to assess credibility, declined to recall the four witnesses, found no real danger of bias or basis for recusal, revoked the prior ruling to recall the witnesses and dismissed the recusal application, directing continued progress of the trial.

Court Disposition

Recusal application dismissed; prior direction to recall SP7, SP9, SP10 and SP11 revoked; trial to continue with dates to be fixed for closing submissions and defence evidence

Orders

  • Application for recusal dismissed
  • Ruling to recall prosecution witnesses SP7, SP9, SP10 and SP11 revoked