JUDGMENTBY: HASHIM YEOP A SANI SCJ

(delivering the judgment of the Court): Five questions were posed before us in two separate Notices of Motion -- one from the Public Prosecutor and four from Zainal bin Hj. All in the other Notice of Motion. The questions are:-

(1) Does an appeal lie to the High Court from an order made by a

Subordinate Court under section 51 of the Criminal Procedure Code?

(2) Does a person accused of an offence before a Subordinate Court have a

right to apply for and obtain an Order under section 51 of the Criminal

Procedure Code to inspect and take copies of documents in the possession of

the Respondent in connection with or in respect of such offence?

(3) If the answer to question (2) is in the affirmative, then what are the

documents which the accused is entitled to inspect and take copies of?.

(4) If the answer to question (2) is in the negative, then:--

(a) does an accused person have a right to inspect and take copies

of such documents as aforesaid?

(a) and

(b) what is the nature and extent of such right?

(5) Having ruled that section 51 of the Criminal Procedure Code is not

applicable, will it be right in law for