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HIGH COURT MALAYA JOHOR BAHRU
PP – Appellant
Versus
SIM WEI DER & ORS – Respondent
| Table of Content |
|---|
| 1. application for revision of witness recall. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments regarding the necessity of witness recall. (Para 7 , 10 , 11 , 12 , 13 , 19 , 23 , 29 , 30 , 32) |
| 3. court's observations on discretion and necessity. (Para 8 , 9 , 14 , 15 , 20 , 21 , 24 , 28 , 34 , 36 , 37 , 41 , 42) |
| 4. principles governing judicial discretion. (Para 18 , 25 , 26 , 27 , 33 , 38) |
| 5. conclusion on the dismissal of the application. (Para 43 , 44) |
The Application For Revision
[1] By letter dated 23 May 2023 (the said letter), the Deputy Public Prosecutor (DPP) wrote to this Court seeking review of the decision of the Session Court Judge (SCJ) dismissing its application to recall two prosecution witnesses, PW24 and PW25 (the two witnesses), in the ongoing trial of five (5) criminal cases before the Session Court, Johor Bahru.
[2] The DPP states in the said letter that an oral application was made before the SCJ on 22 May 2023, asking the SCJ to exercise his discretion under s 425 of the Criminal Procedure Code ( CPC ) to recall the two witnesses to adduce additional evidence (see para 3.1 of the said letter) as it is essential for the just determinatio
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