Revision Exercise Unsuitable If Accused Told To Enter Defence Says Judge


 
The Melaka High Court has refused to intervene in a lower court order calling for accused Fariz Mohd Ali to enter his defence to four charges of corruption. (Facebook pic)PETALING JAYA: The High Court in Melaka has ruled that decisions of the subordinate courts calling on accused persons to enter their defence should not be subject to revision, except in exceptional circumstances.
Justice Radzi Abdul Hamid said the High Court’s revisionary powers, set out in Section 35 of the Courts of Judicature Act 1964 and Section 323 of the Criminal Procedure Code, must be exercised sparingly.
“(If allowed) the accused will have two rounds at challenging the finding of prima facie, one in a revision and another on appeal after conviction and sentence. Such a process is not expressly provided by the law,” he said.
He dismissed a revision application brought by Fariz Mohd Ali, who faces four charges of receiving bribes.
Radzi, who ordered Fariz to return to the sessions court to answer the charges, said the case did not fall within the category of exceptional circumstances that warrant the utilisation of his revisionary power.
He said such exceptional circumstances could include cases where a trial has proceeded premised on an offence not known to law or if a charge is plainly and materially defective.
“In such cases, there would be clear injustice caused to the accused which must be corrected,” he said.
He said he was satisfied that the trial judge in Fariz’s case had considered and evaluated all evidence, submissions of parties and authorities relied on by them.
Radzi declined to adopt the position taken by the Kuala Lumpur High Court in the case brought against Kinabatangan MP Bung Moktar Radin and his wife, Zizie Izette Abdul Samad.
“Firstly, the grounds of decision in that case are not available for this court’s consideration. Secondly, being a court of equal jurisdiction, this court is not bound to follow that decision,” he said in the 44-page judgment released last week.
In Bung and Zizie’s case, Justice Azhar Abdul Hamid had, on Sept 7 last year, exercised his revisionary powers to set aside a sessions court judge’s decision calling on the couple to enter their defence in a corruption case. Azhar said the ruling had occasioned a miscarriage of justice.
However, Radzi said an order finding that the prosecution has proven a prima facie case or requiring an accused to enter his defence is not a final decision that disposes of the rights of the parties in law.
“The rationale for non-final decisions being non-appealable is primarily geared towards the speedy disposal of cases,” he said.
For a decision to be final, he said, the defence must first be heard, after which a maximum evaluation of the entire body of evidence is undertaken.
“It is at that conclusive stage, when the fate of the appellant is known, the right of appeal is triggered,” he said.
Radzi said he agreed with the prosecution that a revision of the finding of a prima facie case would be tantamount to re-litigating the issues and facts which has been deliberated by the trial court. - FMT


Artikel ini hanyalah simpanan cache dari url asal penulis yang berkebarangkalian sudah terlalu lama atau sudah dibuang :

http://malaysiansmustknowthetruth.blogspot.com/2024/03/revision-exercise-unsuitable-if-accused.html

Kempen Promosi dan Iklan
Kami memerlukan jasa baik anda untuk menyokong kempen pengiklanan dalam website kami. Serba sedikit anda telah membantu kami untuk mengekalkan servis percuma aggregating ini kepada semua.

Anda juga boleh memberikan sumbangan anda kepada kami dengan menghubungi kami di sini
No Plan To Sell Ltat S Shares In Bplant Says Defence Minister

No Plan To Sell Ltat S Shares In Bplant Says Defence Minister

papar berkaitan - pada 25/3/2024 - jumlah : 235 hits
Defence minister Khaled Nordin said LTAT aims to enhance Boustead Plantations Bhd s operational performance PETALING JAYA The defence ministry has no plan to sell its shares in Boustead Plantations Bhd through the ministry s subsidiary the ...
Rafizi Told To Clarify Padu Issue At Cabinet Meeting Says Pm

Rafizi Told To Clarify Padu Issue At Cabinet Meeting Says Pm

papar berkaitan - pada 23/3/2024 - jumlah : 273 hits
Prime Minister Anwar Ibrahim in discussion with Sarawak premier Abang Johari Openg in Putrajaya on Friday PETALING JAYA Economy minister Rafizi Ramli has been asked to explain to the Cabinet a certain issue concerning registrations on Padu ...
If Ph Can Be Allies With Umno Why Not Bersatu Says Zaid

If Ph Can Be Allies With Umno Why Not Bersatu Says Zaid

papar berkaitan - pada 16/3/2024 - jumlah : 158 hits
Former law minister Zaid Ibrahim said the prospect of Anwar Ibrahim holding hands with Azmin Ali is a welcome scenario PETALING JAYA Former law minister Zaid Ibrahim says Pakatan Harapan should be able to forge some form of alliance with Be...
Don T Blame Umno For Muafakat Nasional S Collapse Says Zahid

Don T Blame Umno For Muafakat Nasional S Collapse Says Zahid

papar berkaitan - pada 16/3/2024 - jumlah : 150 hits
The Muafakat Nasional alliance was formed in September 2019 when both Umno and PAS were in the opposition bloc PETALING JAYA Umno is not at fault for the collapse of its Muafakat Nasional alliance with PAS says Umno president Ahmad Zahid Ha...
Papar Drought Two Treatment Plants To Resume Operations To Boost Water Supply Says Armizan

Papar Drought Two Treatment Plants To Resume Operations To Boost Water Supply Says Armizan

papar berkaitan - pada 16/3/2024 - jumlah : 157 hits
Minister of Domestic Trade and Cost of Living Datuk Armizan Mohd Ali presenting a donation of bubur lambuk to the public during a visit to the Ramadan Bazaar at Tapak Tamguan Papar March 16 2024 Bernama picPAPAR March 16 Two water treatment...
Cloud Seeding Cannot Be Done On A Whim Says Nik Nazmi

Cloud Seeding Cannot Be Done On A Whim Says Nik Nazmi

papar berkaitan - pada 16/3/2024 - jumlah : 182 hits
A file picture of a cloud seeding operation over Teluk Bahang Dam in Penang on May 4 2023 Photo courtesy of PBAPPKUALA LUMPUR Cloud seeding operations carried out must be effective and as they are an expensive and complex exercise says Nik ...
Voters Won T Want Ph To Work With Bersatu Again Says Amirudin

Voters Won T Want Ph To Work With Bersatu Again Says Amirudin

papar berkaitan - pada 17/3/2024 - jumlah : 143 hits
Amirudin Shari said the sentiments of grassroots members must be taken into account before any collaboration between PH and Bersatu is possible SHAH ALAM Selangor Pakatan Harapan chairman Amirudin Shari has played down a suggestion that the...
Malaysia Must Diversify Trade Reduce Dependency On China Says Analyst

Malaysia Must Diversify Trade Reduce Dependency On China Says Analyst

papar berkaitan - pada 17/3/2024 - jumlah : 137 hits
In 2023 Malaysia earned RM192 2 billion from exports to China while its imports amounted to RM258 6 billion PETALING JAYA An analyst has called for Malaysia to diversify its trade by entering into partnerships with more countries and reduci...
Volcano Erupts Again On Iceland Peninsula Says Met Office

Volcano Erupts Again On Iceland Peninsula Says Met Office

papar berkaitan - pada 17/3/2024 - jumlah : 130 hits
This handout picture released by the Icelandic Coast Guard on March 16 2024 shows billowing smoke and flowing lava pouring out of a new fissure AFP pic Icelandic Coast Guard handoutREYKJAVIK March 17 Icelandic police declared a state of eme...
Wordplay And Slang For Brand Name

Staycation Di Swiss Garden Kuantan Makbul

Kl Chinatown Festival 2024

Cultural Reasons Make Malaysians Target For Human Trafficking Says Firm

Hiburan Tahu Lah Minat Tapi Tak Perlu Follow Netizen Kecewa Lihat Pemakaian Daiyan Trisha

Seketika Di Tugu Negara

Cikgu Bawa Trip Tadika Naik Kapal Terbang Dengan Kawan Kawan Pengalaman Baru Anak Anak

Cops Probing Into Foreigner S Death In Custody At Klia


echo '';
Info Dan Sinopsis Drama Berepisod Lara Kasih Slot Samarinda TV3

Senarai Lagu Tugasan Konsert Minggu 2 Gegar Vaganza 2024 Musim 11

Keputusan Markah Peserta Konsert Minggu 1 Gegar Vaganza 2024 Musim 11

Senarai Lagu Tugasan Konsert Minggu 1 Gegar Vaganza 2024 Musim 11

Info Dan Sinopsis Drama Berepisod Dhia Kasyrani Slot Akasia TV3


Apa Itu Thyroid Tummy Punca Perut Buncit Yang Jarang Disedari

Topvision Daripada Pasaran Leap Ke Pasaran Ace Bursa Malaysia Securities Berhad

Pengalaman Stay Casabella Homestay Di Batam

Coffee Is For Closers The Motivational Phrase From Quot Glengarry Glen Ross

Coffee 2 0 Brewing The Future Of A Beloved Beverage

Daun Gugur Dijadikan Baja Kompos