DALAM MAHKAMAH RAYUAN MALAYSIA (BIDANG KUASA ...
DALAM MAHKAMAH RAYUAN MALAYSIA (BIDANG KUASA ...
DALAM MAHKAMAH RAYUAN MALAYSIA (BIDANG KUASA ...
You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
Rebuttal evidence<br />
53<br />
[108] The appellant had just finished testifying and he has two more<br />
witnesses to call. Before those two witnesses were called, the learned<br />
deputy public prosecutor elected to call a rebuttal witness in the person of<br />
ASP Mustafa Kamal Ghani bin Abdullah (RW(P)). The learned JC<br />
permitted the rebuttal witness to be called at that stage.<br />
[109] The complaint was that the rebuttal witness was called in the<br />
middle of the defence case. On this point, reference should be made to<br />
section 425 of the CPC which enacts as follows:<br />
“Power of Court to summon and examine persons<br />
425. Any Court may at any stage of any inquiry, trial or other<br />
proceeding under this Code summon any person as witness, or<br />
examine any person in attendance though not summoned as a<br />
witness, or recall and re-examine any person already examined, and<br />
the Court shall summon and examine or recall and re-examine any<br />
such person if his evidence appears to it essential to the just<br />
decision of the case.”<br />
[110] This section gives a wide power to the Court at any stage of<br />
inquiry, trial or other proceeding to summon, examine, re-examine any<br />
person in attendance or those who have given evidence if their evidence is<br />
essential to the just decision of the case. In short, the rebuttal evidence can<br />
be introduced during the defence case at any time so long as it is essential<br />
to the just decision of the case (Public Prosecutor v Phon Nam [1988] 3