6 Feb 2023
[Timbalan (TPR), Jabatan Peguam Negara] MOHAMAD KHAIRUL HAPISZAN BIN ABU BAKAR
- Citation
- CB-41LB-3-02/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- CB-41LB-3-02/2022 (Mahkamah Tinggi)
Magistrate's failure to comply with the mandatory procedure in section 173(j)(iii) KPJ (calling the accused to give evidence before other defence witnesses if he elects to testify) rendered the summary trial irregular and unlawful; the irregularity could not be cured under section 422 KPJ absent a finding that no failure of justice occurred; because there was a prima facie case at the close of the prosecution the High Court set aside the acquittal and ordered a retrial before another magistrate to ensure procedural compliance and fairness.