Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Fundamental liberty (article 5)
  • 7 Apr 2021

    PENDAKWARAYA Pendakwaraya Lim Kwang Ping

    Citation
    MA-89-76-03/2021 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    MA-89-76-03/2021 (Mahkamah Majistret)

    The remand application was refused because the electronically filed documents did not satisfy the statutory requirements of S.4(2) Act 297 for the named subject (documents bore different names), the prosecution failed to ensure or apply to amend those filings notwithstanding their responsibility under EFS practice directions, and courts are not required to amend or correct prosecution filings in an adversarial system when fundamental liberty is implicated, therefore the remand could not lawfully be granted.