DALAM MAHKAMAH RAYUAN MALAYSIA (BIDANG KUASA ...

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[87] According to section 402A of the CPC if the accused relies on
the defence of alibi, the accused must give notice in writing to the Public
Prosecutor at least ten (10) days before the start of the trial. The notice
must state the place the accused was at the time of the commission of the
offence and the names and addresses of any witnesses whom the accused
intends to call for the purpose of establishing his alibi.
[88] In Rangapula & Anor v. Public Prosecutor [1982] 1 MLJ 91, it
was held that the non-compliance with the requirements of section 402A of
the CPC will render the evidence in support of alibi inadmissible.
[89] The Supreme Court in Hussin bin Sillit v. Public Prosecutor
[1988] 2 MLJ 232, held that for the purpose of compliance with section
402A of the CPC, actual written notice containing particulars of the alibi
must be given to the Public Prosecutor within the prescribed period.
[90] The Court in Public Prosecutor v. Lim Chen Len [1981] 2 MLJ
41, laid down the law explicitly pertaining to section 402A of the CPC in
these salient words:
“(1) having regard to the clear words in section 402A(1), particularly
the words ‘shall not be admitted’ and ‘shall have given notice’,
evidence in support of a defence of alibi, which previously was
admissible, is now no longer admissible in evidence unless the
condition precedent as to a pre-trial notice has been complied with.
Like section 399(i), the provisions of section 402A(1) are evidential
and not merely procedural, and unless the defence has given at least
ten days written notice before the commencement of the trial, no
evidence in support of a defence of alibi can be admitted in evidence.
The meaning of ‘commencement of the trial’ is the commencement of
the actual trial itself and not the date when the accused was first
charged in court.”