16 Mar 2021
PENDAKWARAYA PUBLIC PROSECUTOR 1. MOHD RUZAINI BIN SAMINGAN (I/C NO. : XXXXXX-XX-XXXX) 2. ROSZAIMI BIN ROSLAN (I/C NO. : XXXXXX-XX-XXXX)
- Citation
- JB-45A-8-04/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JB-45A-8-04/2018 (Mahkamah Tinggi)
The application under section 51 CPC was dismissed because the defence failed to satisfy the mandatory prerequisites for production: relevancy and specificity were not demonstrated to the requisite degree in the course of trial and, critically, there was no evidence before the Court on the necessity and desirability of producing the Batu Pahat Report 024281/16; additionally the prosecution did not intend to rely on the document and police investigatory material may be privileged, therefore the exercise of discretion to order production was inappropriate.