Wendy Ooi Su Ghee JC:

Introduction

[1] An application for revision under s 323 of the Criminal Procedure Code ('the CPC') was made to this court to revise the order of the learned Sessions court judge dated 27 October 2023.

[2] In the said order, the learned Sessions court judge allowed the application by the defence to be supplied with the statement of Mohd Zarudi bin Mustapha ('the accused's husband") recorded under s 112 of the CPC as well as transcripts of the interviews with the accused's two children, namely NorWadina binti Mohd Zarudi and Nor Wani Sofiya binti Mohd Zarudi ("the documents"). The learned Sessions court judge also ordered the documents be supplied by the prosecution to the defence within three (3) days from the date of the said order.

[3] Aggrieved by the said order, the prosecution filed the above said application for revision by virtue of a letter dated 31 October 2023, thus seeking this court to exercise its revisionary powers to set aside the said order.

Background

[4] The accused was charged under s 31(1) Child Act 2001 for neglect of a child by the name of Izzhan Haris bin Irwan Shafiq thus causing him physical injury which eventually led to his death