25 Sept 2024
SEEMA ELIZABETH ISOY
- Citation
- WA-44-60-06/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-44-60-06/2024 (Mahkamah Tinggi)
The High Court, exercising its inherent jurisdiction in special circumstances, may quash a charge pre-trial where the charge is demonstrably baseless; section 173(g) CPC does not bar a pre-trial application of this nature because s.173(g) operates during trial; on the facts the evidence showed payments were authorised and not dishonest (meeting resolution, DBKL findings, repayment by WWMC and involvement of third party), therefore the charge did not disclose a prima facie offence and the application to quash succeeds.