Harun Hashim SCJ:

This is a reference under s. 66 of the Courts of Judicature Act 1964 on the following question:

Is an accused person, who gives evidence on his own behalf of a defence of alibi who proposes to call no other witnesses in support thereof, obliged to give notice under s. 402A of the Criminal Procedure Code.

The applicant was charged in the Magistrate's Court at Bentong with voluntarily causing hurt to one Markhan Singh a/1 Dnan Singh (complainant) on 16 January 1983 at about 10.45 p.m. in the compound of House No. KT 270 Kg. Ketari, Bentong under s. 323 of the Penal Code. The applicant lives at No. 271. At about 2 p.m. that day, the complainant erected a 9 ft. high zinc fence thus blocking the window of applicant's kitchen. An attempt was made later that day to pull the fence down. the police were called in at about 7.30 p.m. who advised them not to quarrel. At about 10.30 p.m. the complainant heard banging and breaking noises coming from the zinc fence. A free-for-all ensued in the compound of No. 270 between the occupants of Nos. 270 and 271. In all there were about ten persons involved in the fight. Several of them were injured. By the time the police arr