JUDGMENT

Lamin Mohd Yunus PCA:

This is an appeal against the decision of the learned judge below for refusing to allow the defence to call the Rt. Hon'ble the Prime Minister, Dr. Mahathir Mohamad as a witness. The learned judge ruled inter alia that under s. 136 of the Evidence Act no useful purpose would be served to call the Rt. Hon'ble the Prime Minister to testify as his evidence would not be relevant. Having so ruled, the subpoena served on Dr. Mahathir Mohamad was therefore set aside. The central point of this appeal was on the question of relevancy and the application of s. 136 generally. Before the hearing of the appeal proper, the learned Attorney-General gave notice that he would be making a preliminary objection and his objection would be that the decision of the learned judge below was not appealable and the appeal should therefore be struck out. In other words the issue is whether the said decision would come within the meaning of the word "decision" as defined in s. 3 of the Courts of Judicature Act 1964 as amended by the Amendment Act A1031 of 1998. He submitted that if it did then he would pray for the appeal to be struck out and the case be remitted to the High Cou