Malaysia Case Law: Decisions & Judgments

Topic

Transfer of trial

Legal area

Court

23 May 2024

Tan Hoo Eng Public Prosecutor

Citation

A-05-561-12/2022 (Mahkamah Rayuan)
Court

Court of Appeal
Case number

A-05-561-12/2022 (Mahkamah Rayuan)

Sessions Courts and Magistrates have jurisdiction and power to decide constitutional issues; the High Court's power to transfer is governed and limited by s 417 CPC; appellant failed to establish any of the grounds in s 417(1)(a),(b) or (e) to justify transfer; DPP concession and findings in unrelated civil proceedings did not establish entitlement to transfer; appeal dismissed.
16 Nov 2022

TAN HOO ENG Ng Siew Wee

Citation

AA-44-48-08/2022 (Mahkamah Tinggi)
Court

High Court
Case number

AA-44-48-08/2022 (Mahkamah Tinggi)

The High Court dismissed the transfer application because the applicant failed to prove that a fair and impartial trial could not be had in the Sessions Court, failed to demonstrate that questions of law of unusual difficulty were likely to arise, and failed to show that transfer was necessary for the ends of justice; prosecutorial actions (DNAA, re‑charges, delay) did not amount to denial of fair trial or abuse of process sufficient to invoke s.417 CPC.
10 Feb 2020

YONG CHOO KIONG PUBLIC PROSECUTOR

Citation

A-05-554-12/2019 (Mahkamah Rayuan)
Court

Court of Appeal
Case number

A-05-554-12/2019 (Mahkamah Rayuan)

Majority held the High Court judge correctly exercised discretion under s.417 CPC: the issues arising from the use of the Witness Protection Act were not questions of law of unusual difficulty and could be determined by the Sessions Court judge; the prosecution's in‑court non‑objection did not amount to a s.418A certificate; there was no relevant error or miscarriage of justice warranting appellate intervention, therefore the dismissal of the transfer application was affirmed.
20 Nov 2019

LAI CHIN WAH, YAP CHENG WAH, MOHD FAIZAL TAN B. ABDULLAH, CHIEN GUAN CHAI DAN MOHD FAIZUL BIN ARIFFIN

Citation

PA-44-46-10/2019, PA-44-49-10/2019, PA-44-50-10/2019, PA-44-51-10/2019, PA-44(A)-5-10/2019 (Mahkamah Tinggi)
Court

A
Case number

PA-44-46-10/2019, PA-44-49-10/2019, PA-44-50-10/2019, PA-44-51-10/2019, PA-44(A)-5-10/2019 (Mahkamah Tinggi)

The court held that offences charged under section 26E of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 fall within Part IIIA and are therefore security offences under SOSMA; SOSMA s12 and s13 unambiguously vest trial in the High Court and restrict bail except for specified exceptions, so the court must apply the statute and the bail applications were dismissed.

Malaysia Case Law

Tan Hoo Eng Public Prosecutor

TAN HOO ENG Ng Siew Wee

YONG CHOO KIONG PUBLIC PROSECUTOR

LAI CHIN WAH, YAP CHENG WAH, MOHD FAIZAL TAN B. ABDULLAH, CHIEN GUAN CHAI DAN MOHD FAIZUL BIN ARIFFIN