18 Feb 2020
Yong Choo Kiong
- Citation
- A-05-554-12-2019 (Mahkamah Rayuan)
- Court
- Court of Appeal
- Case number
- A-05-554-12-2019 (Mahkamah Rayuan)
Where the Public Prosecutor expressly concedes that a transfer under section 417 is expedient, and where cumulative factors (prosecutorial information and discretion, the appellant’s public office and attendant publicity, potential novel legal issues such as use of the Witness Protection Act and the need to avoid piecemeal appeals and delay) are present, the High Court (or appellate court reviewing a lower court refusal) should grant the transfer absent strong compelling reasons to refuse; section 418A and precedents require the court to give weight to prosecutorial concession and read s418A…