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Judge Script

The judge gave a judgement on issues brought before the court. The judge ruled that (1) the certificate to transfer the case was invalid since it was not proven to be issued by the Public Prosecutor. (2) The grounds under sections 417(1)(a) and 417(1)(b) did not apply to transfer the case to the High Court. (3) However, the ground under section 417(1)(e) to transfer the case was "expedient for the ends of justice" did apply since the case was technical and complex involving a large sum, and it would be more appropriate for the High Court to hear it. Therefore, the judge ordered the case to be transferred to the High Court

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94 views2 pages

Judge Script

The judge gave a judgement on issues brought before the court. The judge ruled that (1) the certificate to transfer the case was invalid since it was not proven to be issued by the Public Prosecutor. (2) The grounds under sections 417(1)(a) and 417(1)(b) did not apply to transfer the case to the High Court. (3) However, the ground under section 417(1)(e) to transfer the case was "expedient for the ends of justice" did apply since the case was technical and complex involving a large sum, and it would be more appropriate for the High Court to hear it. Therefore, the judge ordered the case to be transferred to the High Court

Uploaded by

EngHui Eu
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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After hearing the submissions from both the Prosecution and the Defence

Counsel, I hereby give my judgement on the issues brought before me in this


Court.
Held,
(1) In answering the first issue, since the facts is silent and the Prosecution failed
to adduce evidence to prove that the certificate was issued by the Public
Prosecutor, hence the power conferred under S.418A is not being exercised by the
Public Prosecutor personally, therefore I am of the view that such certificate is
invalid. Therefore, the accused’s case is not allowed to be transferred from
Sessions Court of Seremban to High Court of Seremban pursuant to Section
418A of Criminal Procedure Code.

(2) In answering the second issue, the Prosecution raised the grounds of
S417(1)(a), S417(1)(b) and S417(1)(e) which if either one is fulfilled, it allow
the High Court to make order that any criminal case be transferred to and
tried before it by virtue of s.417 (1)(cc). After considering the facts presented
before me and all the surrounding circumstances, it appears to me both the
grounds under S417(1)(a)and S417(1)(b) are not successfully invoked to allow
me to make order to transfer the present case from Sessions Court of
Seremban to High Court of Seremban.

(3) The expression "expedient for the ends of justice" provided under the
ground established under Section 417(1)(e) is very wide. I am of the view
that the case is indeed very technical and complex since it is an offence of
Criminal Breach of Trust charged under Section 406 of Penal Code where it
involve a sum of RM 5 million which is a huge amount belonging to a political
organization. There may be questions of facts of unusual difficulty to arise
which may involve complicated political issues. On the face of the charge
against the respondent, it also appears to me there is a necessity to call for
large amount of cross-examination of different witnesses which includes a
very high ranking official of the country who would be summoned to produce
evidence before the court. It is true that Sessions Court may have jurisdiction
to hear and try this matter, however, I am of the view that High Court would
be a more appropriate forum to hear and try the present case as it appears
to me such transfer of case is expedient for the ends of justice.

(4) I am therefore satisfied that the ground under S 417(1)(e) is successfully


invoked and order that the respondent’s case be transferred from the
Sessions Court of Seremban to the High Court of Seremban pursuant to s.
417 (1)(cc) CPC.

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