Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Section 20 witness protection act 2009

Legal area

Court

19 May 2025

1. ) MOHD RAZIN BIN RAZALI 2. ) MOHAMAD FAIZAL BIN AHMAD ZAKI

Citation

K-06A-14-10/2024 (Mahkamah Rayuan)
Court

Court of Appeal
Case number

K-06A-14-10/2024 (Mahkamah Rayuan)

The Court held that the High Court's revocation of the prior in-camera protection order amounted to a final, appealable decision in the circumstances because it conclusively removed statutory protection and materially affected PW1's rights and safety; on the merits the Court found the identity of PW1 had not been effectively disclosed and reinstated the original in-camera protection order under SOSMA s14 and Witness Protection Act s20, setting aside the High Court order of 30 July 2024 and dismissing respondents' preliminary objections.
30 Jul 2024

1. ) ANAS HAFIZIN BIN AHMAD 2. ) MUHAMAD ASLAM BIN OSMAN 3. ) IBRAHIM BIN DAHAMID

Citation

KA-46SOM-4-12/2022 (Mahkamah Tinggi)
Court

High Court
Case number

KA-46SOM-4-12/2022 (Mahkamah Tinggi)

Because the prosecution's examination and PW1's answers had already revealed PW1's identity as the boat operator, the court found statutory protection unnecessary and ordered that PW1 give further testimony as an ordinary sworn witness; the earlier order for typed/confidential testimony was cancelled but the testimony was to proceed without public gallery (in camera) and with a prohibition on disclosure of PW1's information absent legal process; the court also held s.14 Act 747 does not require advance notice to the defence.