16 Mar 2021
PENDAKWARAYA PUBLIC PROSECUTOR 1. MOHD RUZAINI BIN SAMINGAN (I/C NO. : XXXXXX-XX-XXXX) 2. ROSZAIMI BIN ROSLAN (I/C NO. : XXXXXX-XX-XXXX)
- Citation
- JB-45-10-04/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JB-45-10-04/2018 (Mahkamah Tinggi)
The s.51 application was dismissed because the defence failed to establish the s.51 prerequisites: although the report was referenced in exhibit P34, the defence did not demonstrate necessity and desirability nor that the report was not privileged; police investigation reports/statements recorded after investigation commenced are privileged and the prosecution, not intending to tender the report, had no duty to supply it; therefore the court exercises its discretion to disallow production.