Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Transfer of trial under section 417 cpc

Legal area

Court

18 Feb 2020

Yong Choo Kiong

Citation

A-05-554-12-2019 (Mahkamah Rayuan)
Court

Court of Appeal
Case number

A-05-554-12-2019 (Mahkamah Rayuan)

The dissenting judge would have allowed the appeal and ordered transfer to the High Court because the Public Prosecutor's clear concession, supported by prosecutorial sources of information and statutory scheme linking s.418A to s.417, combined with the novelty of using the Witness Protection Act 2009 in a rape trial and the public importance of the case, made transfer expedient in the interests of justice and avoided delay and piecemeal appeals.
18 Feb 2020

Yong Choo Kiong

Citation

A-05-554-12-2019 (Mahkamah Rayuan)
Court

Court of Appeal
Case number

A-05-554-12-2019 (Mahkamah Rayuan)

Where the Public Prosecutor expressly concedes that a transfer under section 417 is expedient, and where cumulative factors (prosecutorial information and discretion, the appellant’s public office and attendant publicity, potential novel legal issues such as use of the Witness Protection Act and the need to avoid piecemeal appeals and delay) are present, the High Court (or appellate court reviewing a lower court refusal) should grant the transfer absent strong compelling reasons to refuse; section 418A and precedents require the court to give weight to prosecutorial concession and read s418A…