Introduction

[1] This appeal relates to the ruling made by the trial Judge in the ongoing criminal trial in the High Court at Kuala Lumpur, bearing No 45 September 2009, where the appellant is facing a charge under s 377B of the Penal Code . The ruling arose from the application by the learned counsel for the appellant for the statement of the Complainant (PW 1), recorded under s 112 of the Criminal Procedure Code (112 statement), to be produced for examination by the appellant. Learned trial judge dismissed the application and the reasons for his decision are found in his judgment dated 11 May 2010. For the reasons appearing in this judgment, we are not concerned at this stage with the issue of whether the trial judge was correct in his ruling or otherwise. The point issue in this appeal is whether the decision by the trial judge is appealable.

[2] In the Court of Appeal, the prosecution took the stand that the ruling of the trial judge under challenge does not fall within the term "decision" as defined in s 3 of the Courts of Judicature Act 1964 (CJA) and hence was not appealable. The Court of Appeal agreed with the prosecution. The reasons for their decision are