Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Witness protection

  • 1 Oct 2025

    YONG CHOO KIONG

    Citation
    05(L)-30-03/2024(A) (Mahkamah Persekutuan)
    Court
    L
    Case number
    05(L)-30-03/2024(A) (Mahkamah Persekutuan)

    Section 265A(2) and (3) CPC is a valid legislative provision that lawfully permits in-camera inquiry without the accused and counsel; the trial judge properly applied s.265A and s.20 Witness Protection Act 2009, and did not breach Articles 5(1) or 8(1) FC; s.182A CPC was complied with because the appellant's cautioned statement was in substance the same as his oral evidence; the trial judge's finding that PW15 was credible and her evidence was corroborated by contemporaneous distress calls, diary entries, police report, CCTV opportunity evidence and medical examination was sound and not to be…

  • 19 May 2025

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

    Citation
    K-06A-12-08/2024 (Mahkamah Rayuan)
    Court
    Court of Appeal
    Case number
    K-06A-12-08/2024 (Mahkamah Rayuan)

    The Court of Appeal held that the High Court's order of 30 July 2024 revoking the prior protection order was a final decision that disposed of the protected witness's rights and the parties' interests and therefore was appealable; on the merits the appellate court found the High Court erred in revisiting and cancelling its earlier in camera SOSMA inquiry — the protection order of 20 February 2024 should be reinstated and PW1 remain a protected witness giving evidence in the special manner ordered under SOSMA and the Witness Protection Act, subject to limited courtroom access and non‑disclosur…