Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Section 51a cpc

  • 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…

  • 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.