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Complete cases speedily, ensure presence of witnesses, judge tells prosecution
Free Malaysia Today
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12/19/2024
Justice Radzi Abdul Hamid says a person who has incurred time and expense to defend himself in criminal cases cannot recover costs if acquitted.
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https://www.freemalaysiatoday.com/category/nation/2024/12/19/complete-cases-speedily-ensure-presence-of-witnesses-judge-tells-prosecution/
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Transcript
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00:00
A Malacca High Court judge has urged prosecutors to give accused persons fair and speedy trials
00:07
by ensuring that all prosecution witnesses are present in court and ready to testify.
00:12
Justice Radzi Abdul Hamid said accused persons spend much time and incur substantial expenses
00:18
in defending themselves when prosecuted but cannot recover any legal costs if acquitted.
00:24
Radzi stressed the importance of the prosecution keeping a tight rein of its cases by properly
00:29
managing and conducting them in a way that allows them to be completed within the dates
00:32
allocated by the court.
00:35
The judge's remarks were contained in a 22-page judgment issued when allowing a revision application
00:40
filed by civil servant Yusuf Daniel Khairul Hisham.
00:44
The accused had been charged three times with the same drug offence but was only issued
00:48
with a discharge not amounting to an acquittal by the presiding magistrate on each occasion.
00:54
Radzi said the prosecution had three opportunities between March and August this year to make
00:59
the witness present in court.
01:01
Instead, the court was told that the witness was in Sabah.
01:04
Radzi said the continuation of the case would be a grave injustice on the applicant and
01:09
the prosecution's use of Section 254 of the Criminal Procedure Code to charge the
01:14
applicant repeatedly in the circumstances of the case was tantamount to an abuse of
01:18
court process.
01:21
Natasha Bust, FMT News.
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