11 Sept 2024
MAHIADDIN BIN MD YASIN [Suruhanjaya Pencegahan Rasuah Malaysia (SPRM)]
- Citation
- W-06-1-03/2024 (Mahkamah Rayuan)
- Court
- Court of Appeal
- Case number
- W-06-1-03/2024 (Mahkamah Rayuan)
The High Court, by invoking its inherent powers to strike out charges pending in the Sessions Court, was exercising its revisionary/supervisory jurisdiction (ss.31 and 35 CJA 1964 read with s.323 CPC); accordingly an adverse decision attracted a right of appeal under s.50(1)(b) CJA 1964. The earlier Court of Appeal panel therefore had jurisdiction to hear the prosecution's appeal and the present review application to set aside that panel’s decision is dismissed.