12 Sept 2024
[Suruhanjaya Pencegahan Rasuah Malaysia (SPRM)] MUHAMAD SYUKRI BIN ISHAK
- Citation
- P-06A-20-11/2023 (Mahkamah Rayuan)
- Court
- Court of Appeal
- Case number
- P-06A-20-11/2023 (Mahkamah Rayuan)
The Court allowed the prosecution's appeal, holding that when the statutory conditions in s402B(2) CPC are satisfied the Sessions Court did not have discretion to refuse admission of the written statement or to relegate it to being a mere 'guide'; the High Court erred in upholding the Sessions Court ruling and must direct the Sessions Court to admit the statement as the witness's oral examination in chief, permit the witness to sign it on the stand and allow full liberty to defence counsel to cross-examine on hearsay and leading questions.