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2022 MarsdenLR 939

HIGH COURT MALAYA KUALA LUMPUR
VASANTA AMARASEKERA – Appellant
Versus
PP – Respondent


Petitioner Advocates:Alex Nandaseri De Silva,Quek Yiing Huey,Amrit Pal Singh,Angeline Tay Lee Yin & Ng Jun Wei ,Respondent Advocate: Izalina Abdullah,Nur Ashikin Mokhtar

JUDGMENT

Collin Lawrence Sequerah J:

A) Introduction

[1] This is an appeal against the decision of the learned Magistrate on 30 June 2020, which dismissed the appellant's application dated 28 May 2020 [Criminal Application No WA-89-486-05-2020] for the Prosecution to provide a copy of a Statement pursuant to s 112 of the Criminal Procedure Code (CPC) of a witness that was offered by the Prosecution at the close of the Prosecution's case, namely, Maurice De Alwis [NRIC No: 490730-10- 5301] ("Maurice's s 112 Statement").

B) Background

[2] The appellant was charged on 29 August 2018 under s 467 of the Penal Code for forging a Will belonging to one Adamberage Ananda Rex De Alwis (No. K/P: 480327-10-5695) ("the Deceased").

[3] On 6 February 2020, the appellant was called to enter his defence on the charge. At the close of the Prosecution's case, the Prosecution offered seven witnesses to the Defence, one of whom is Maurice De Alwis [NRIC No.: 490730-10-5301] ("Maurice").

[4] Following the Prosecution's offer of the seven witnesses to the appellant, the appellant's lawyers, through a letter dated 24 February 2020 ("Letter dated 24 February 2020"), sought the Prosecution's permission to intervie

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