DALAM MAHKAMAH RAYUAN MALAYSIA (BIDANG KUASA ...
DALAM MAHKAMAH RAYUAN MALAYSIA (BIDANG KUASA ...
DALAM MAHKAMAH RAYUAN MALAYSIA (BIDANG KUASA ...
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43<br />
[86] It was also submitted by learned defence counsel that the<br />
defence of the appellant was not a bare denial. According to learned<br />
defence counsel a bare denial envisages the situation where the appellant<br />
testifies and states, “I did not do it”, and the appellant then sits down.<br />
That, according to learned defence counsel, would be a defence of bare<br />
denial unsupported by other evidence. Here, according to learned defence<br />
counsel, the appellant gave evidence and led a concrete and substantial<br />
evidence of other events supported by SD2 and SD3 which showed a<br />
completely different version as to what had actually transpired. Learned<br />
defence counsel submitted that the version of the appellant in his defence<br />
merit proper consideration and evaluation. With respect, no amount of<br />
linguistic manoeuvring can be advanced to say that the defence of the<br />
appellant was not an alibi defence. It was, pure and simple, a defence of an<br />
alibi and it is caught under section 402A of the CPC which states as<br />
follows:<br />
“Notice to be given of defence of alibi<br />
402A. (1) Where in any criminal trial the accused seeks to put<br />
forward a defence of alibi, evidence in support of it shall not be<br />
admitted unless the accused shall have given notice in writing of it to<br />
the Public Prosecutor at least ten days before the commencement of<br />
the trial.<br />
(2) The notice required by subsection (1) shall include particulars of<br />
the place where the accused claims to have been at the time of the<br />
commission of the offence with which he is charged, together with<br />
the names and addresses of any witnesses whom he intends to call<br />
for the purpose of establishing his alibi.”