Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Disclosure of exculpatory material
  • 21 Mar 2024

    SIM CHOO THIAM

    Citation
    WA-44-94-10/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-44-94-10/2023 (Mahkamah Tinggi)

    The High Court found that the accused had exculpatory statements in MACC custody and that section 51A(1)(c) CPC obliged the prosecution to deliver a written statement of facts favourable to the defence prior to trial; the public interest exception did not apply to the requested material (including timing of a third-party statement), the sessions court erred in refusing disclosure without reasons, and revision was warranted. The sessions court order of refusal was set aside and replaced with an order directing disclosure within 14 days, limited to exculpatory contents supporting or negating in…