Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

High court revisionary powers
  • 30 Apr 2021

    1. ) ZAIDI BIN MOHD ZAIN 2. ) FADHELAH OTHMAN

    Citation
    PA-43-2-03/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    PA-43-2-03/2021 (Mahkamah Tinggi)

    Section 51A CPC does not apply to inquests because it applies only to criminal trials involving an accused; the Coroner’s power to order disclosure in an inquest derives from section 51 CPC read with the Arahan (Arahan guides the exercise of discretion but is not itself law); a Coroner must generally favor disclosure to interested persons and may order pre‑commencement disclosure where documents are specifically identified; the Coroner erred by failing to consider s51 CPC and must disclose specified categories of documents in this case.