PENDAKWARAYA PUBLIC PROSECUTOR 1. MOHD RUZAINI BIN SAMINGAN (I/C NO. : XXXXXX-XX-XXXX) 2. ROSZAIMI BIN ROSLAN (I/C NO. : XXXXXX-XX-XXXX)

PENDAKWARAYA PUBLIC PROSECUTOR 1. MOHD RUZAINI BIN SAMINGAN (I/C NO. : XXXXXX-XX-XXXX) 2. ROSZAIMI BIN ROSLAN (I/C NO. : XXXXXX-XX-XXXX)

Application under section 51 CPC was dismissed because the defence failed to establish the statutory prerequisites and discretionary criteria, specifically necessity and desirability; the disputed police report was either privileged as investigation material or not shown to be relevant and specifically necessary for the defence, and the prosecution is not obliged to supply documents it does not intend to tender.

Citation
JB-45-9-04/2018 (Mahkamah Tinggi)
Parties
Prosecutor: Public Prosecutor; Accused: Mohd Ruzaini bin Samingan; Accused: Roszaimi bin Roslan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
16 March 2021
Case Number
JB-45-9-04/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial (dangerous Drugs Act S.39 B) / Application Under Section 51 Criminal Procedure Code Made During Trial (document Production Request)
Outcome
Application under section 51 Criminal Procedure Code dismissed (disallowed).
Legal Topics
Section 51 Criminal Procedure Code, Police Report (s.107), Police Statements (s.112), Disclosure/inspection of Prosecution Documents, Privilege of Investigation Materials, First Information Report (s.107 Vs Investigation Statements)
Source Language
Malay/English
Criminal Procedure Evidence Criminal Law Section 51 Criminal Procedure Code Police Report (s.107) Police Statements (s.112) Disclosure/inspection of Prosecution Documents Privilege of Investigation Materials +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 21 Party arguments 2
Sign in to unlock

Parties

Public Prosecutor

Prosecutor

Mohd Ruzaini bin Samingan

Accused

Roszaimi bin Roslan

Accused

Procedural Posture

Criminal Trial (dangerous Drugs Act S.39 B) / Application Under Section 51 Criminal Procedure Code Made During Trial (document Production Request)

Legal Issues

  1. 1 Whether police report Batu Pahat 024281/16 must be produced to defence under s.51 CPC
  2. 2 Whether police reports/statements made during investigation are privileged and thus not subject to inspection
  3. 3 Whether the s.51 prerequisites (relevancy, specificity, possession, necessity, desirability) were satisfied

Ratio Decidendi

Application under section 51 CPC was dismissed because the defence failed to establish the statutory prerequisites and discretionary criteria, specifically necessity and desirability; the disputed police report was either privileged as investigation material or not shown to be relevant and specifically necessary for the defence, and the prosecution is not obliged to supply documents it does not intend to tender.

Court Disposition

Application under section 51 Criminal Procedure Code dismissed (disallowed).

Orders

  • Application for production of Batu Pahat Report 024281/16 under s.51 CPC disallowed