Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Privilege of police statements

Legal area

Court

9 Jan 2025

MOHD SABRI BIN MOHD RAZALI

Citation

NH-89-51-10/2024 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

NH-89-51-10/2024 (Mahkamah Majistret)

The magistrate dismissed the application because the statutory test under Section 51 (necessity or desirability) was not satisfied where the offered witnesses were available to be interviewed and to attend court, and because Section 112 police-recorded statements are privileged and not to be produced absent prosecution waiver; binding authorities supported refusal.
16 Dec 2019

1. ) CHRIS CHRISTIAN 2. ) MBACHU STEPHEN CHIBUZO 3. ) MBUGA VINCENT PUBLIC PROSECUTOR

Citation

WA-45A-64-10/2017 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45A-64-10/2017 (Mahkamah Tinggi)

When the prosecution has closed its case and witnesses are offered to the defence, the court may, in the interests of justice and where statements are necessary and desirable to the defence, order the prosecution to disclose copies of Section 112 CPC statements; this is a common law duty exercisable with caution depending on stage and circumstances, not an absolute statutory right to disclosure.