JUDGMENT

Zabariah Mohd Yusof JCA:

Background

[1] The appeal before us, is by the appellant against the decision of the learned High Court Judge dismissing his application by way of Notice of Motion for an order that the prosecution deliver certain documents, statements, information and/or reports, statements of witnesses' books, accounts, computerised data, articles, list of witnesses and copies of witness statements that the prosecution intends to adduce at trial.

[2] The appellant is faced with seven charges relating to offences committed under the Penal Code, the Malaysian Anti-Corruption Act 2009 (MACC Act 2009) and the Anti-Money Laundering, Anti-Terrorism Financing & Proceedings of Unlawful Activities Act 2001 (AMLATFA 2001). All charges were ordered to be jointly tried and trial is to commence from 12 February 2019 to 29 March 2019.

[3] The respondent/prosecution had delivered the necessary documents under s 51A of the Criminal Procedure Code (CPC), mostly covering the documents sought by the appellant in the Notice of Motion, save for paras 1(g), (h), (i), (j), and 2(b)(i) which are reproduced herein below:

"1(g) records of all examinations and/or written statements on oath or affirmations obtained pursuant to s 30(1)(a) and/or s 30(8) and/or s 30(1)(c) of the MACC Act 2009 and/or s 32(2)(a) and/or s 32(2)(c) of the Anti Money-Laundering, Anti-Terrorism Financing And Proceeds of Unlawful Activities Act 2001 (AMLATFA 2001) during the course of investigations which have culminated into the subject matter of the SRC Proceedings;

1(h) all books, documents, records, accounts or computerized data or articles obtained pursuant to s 30(1)(b) of the MACC Act 2009 or otherwise in the course of examinations under s 30(1)(a) of the MACC Act 2009 or under written statements on oath or affirmations made pursuant to s 30(1)(c) of the MACCA 2009 during the course of investigations which have culminated into the subject matter of the SRC Proceedings;

1(i) documents or information obtained pursuant to s 32(2)(b) AMLATFA 2001 during the course of investigations which have culminated into the subject matter of the SRC Proceedings;

1(j) alternatively in lieu of paras 1(g), (h) and (i) above, a complete listing of the following:

(i) The names of all the examinees and dates of recordings of the records of their respective examinations and/or written statements on oath or affirmations obtained pursuant to s 30(1)(a) and/or s 30(8) and/or s 30(1)(c) of the MACCA 2009 and/or s 32(2)(a) and/or s 32(2)(c) of the Anti-Money laundering, Anti-Terrorism Financing And Proceeds of Unlawful Activities Act 2001 ("AMLA2001") during the course of investigations which have culminated into the subject matter of the SRC Proceedings;

(ii) Particulars of all books, documents, records, accounts or computerized data or articles obtained pursuant to s 30(1)(b) of the MACCA 2009 or otherwise in the course of examinations under s 30(1)(a) and/or s 30(8) of the MACCA 2009 or under a written statement on oath or affirmation made pursuant to s 30(1)(c) of the MACCA 2009 during the course of investigations which have culminated into the subject matter of the SRC Proceedings; and

(iii) Particulars of any property, documents or information obtained pursuant to s 32(2)(b) AMLA 2001 during the course of investigations which have culminated into the subject matter of the Proceedings.

2(b) that the Prosecution do provide to the solicitors for the applicant the following on or before 11 January 2019 or a date to be fixed by this Honourable Court:

(i) A List of Witnesses the prosecution intend to call during the case for the prosecution in the SRC Proceedings together with the proposed order of witnesses."

[4] The learned trial judge dismissed the appellant's application for the documents as aforesaid and it is against the dismissal of this application that the appellant is appealing before this Court.

Basis Of The Application By The Appellant

[5] The application is