DALAM MAHKAMAH RAYUAN MALAYSIA (BIDANG KUASA ...

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MLJ 415, SC; and Ramli bin Kechik v. Public Prosecutor [1986] 2 MLJ
33, SC).
On the lack of proper and comprehensive legal representation
[111] It was argued that before the learned JC, the appellant was
denied a proper and adequate legal representation. From the appeal
records, a defence counsel represented the appellant before the learned
JC from the beginning till the completion of the trial. Before us, another
defence counsel appeared and he vehemently argued that the defence
counsel who defended the appellant before the learned JC failed to take
the following courses of action:
(a) failed to issue a proper and valid notice of alibi defence pursuant
to section 402A of the CPC to the Public Prosecutor and such
failure resulted in the learned JC rejecting the appellant’s entire
alibi defence together with that of the appellant’s witness SD3;
(b) failed to issue a proper and valid notice pursuant to section 399
of the CPC and, consequently, failed to properly cross-examine
the forensic and medical evidence tendered by the prosecution;
and
(c) failed to object to the admissibility of rebuttal evidence from ASP
Mustaffa Kamal Ghani bin Abdullah (RW(P)) when there was no