14 Oct 2021
PUBLIC PROSECUTOR MOHAMMAD FADIL HANAPI BIN MD SAHIDEK
- Citation
- JB-43-3-08/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JB-43-3-08/2021 (Mahkamah Tinggi)
The High Court exercised its revisionary powers to set aside the succeeding Sessions Court's order for a de novo trial because the successor judge failed to provide reasons for reopening the prior prima facie finding; a change of judge does not automatically require a de novo trial and the successor must exercise s.261 discretion judiciously; recorded video/audio proceedings reduce need to recall witnesses. The previous Sessions Court ruling that the prosecution made out a prima facie case is restored and the defence may call witnesses who must be evaluated by the presiding Sessions Court Jud…