JUDGMENT

Mohd Nazlan Mohd Ghazali J:

Introduction

[1] This is an application by the defence for the pre-trial production by the prosecution of statements and documents given by potential witnesses to the officers of the Malaysian Anti-Corruption Commission in the course of investigation.

[2] At the conclusion of the hearing, I dismissed the application and highlighted the principal reasons for the same. This judgment sets out the full reasons for the refusal.

Key Background Facts

[3] The applicant is accused of seven criminal charges concerning offences under the Penal Code, the Malaysian Anti-Corruption Commission Act 2009 ("the MACC Act") and the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 ("the AMLATFA"). On 8 August 2018, all seven charges were ordered by this High Court to be jointly tried. Trial dates have been fixed, to commence on 12 February 2019 and to continue until 29 March 2019.

[4] The applicant then filed a notice of motion, essentially seeking the production by the prosecution of a list of various documents, statements and information. At a subsequent case management, parties agreed to discuss various outstanding matters at a pre-trial conference that parties had not been able to convene much earlier.

[5] At a further case management, parties updated the Court that the prosecution had by then delivered all the documents under s 51A of the Criminal Procedure Code ("the CPC") in 23 volumes in printed hardcopy physical version, and properly listed as well as indexed as previously agreed at the earlier case management.

[6] Given the stated compliance with s 51A, and the parties agreeing to a number of other requests during the pre-trial conference, the scope of the instant application before me is now limited only to prayers 1(g), 1(h), 1(i), 1(j) and 2(b)(i) of the Notice of Motion, which, for clarity, read as follows:

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 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 ("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 MACCA 2009 or otherwise in the course of examinations under s 30(1)(a) of the MACCA 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 para 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, AntiTerrorism Financing And Proceeds of Unlawful Activities Act 2001 ("AMLA 2001") 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 p