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CASE(S) OF THE WEEK

DATO' SERI ANWAR IBRAHIM v. PP & ANOTHER APPEAL
FEDERAL COURT, PUTRAJAYA
ARIFIN ZAKARIA CJ, RAUS SHARIF PCA, ABDULL HAMID EMBONG FCJ, SURIYADI HALIM OMAR FCJ, RAMLY ALI FCJ
[CRIMINAL APPEALS NO: 05-47-03-2014(W) & 5-48-03-2014(W)]
10 FEBRUARY 2015
[2015] CLJ JT(3)

CRIMINAL LAW: Penal Code - Section 377B - Carnal intercourse against order of nature - Sodomy - Factum of penile penetration - Whether proved - Swabs taken from complainant's rectum showed presence of semen, sperm and sperm heads - Matching DNA profiles - Whether corroborative of complainant's testimony of being sodomised by appellant - Whether offence proved beyond reasonable doubt

CRIMINAL PROCEDURE: Defence - Evidence - Statement from the dock - Weight to be given - Whether should be credible and not mere bare allegation - Adverse comment of statement by court - Whether a misdirection

EVIDENCE: Corroboration - Sodomy - Corroboration of complainant's evidence - Whether not a requirement of the law - Whether court entitled to convict even without corroboration if convinced of truth of complainant's story - Whether ample evidence to support complainant's testimony

EVIDENCE: Admissibility - Exhibits - Trial judge made ruling on inadmissibility of exhibits - Ruling on inadmissibility subsequently reversed upon availability of new evidence - Whether trial judge could lawfully and properly reverse own ruling

EVIDENCE: Expert evidence - DNA profiling - Sodomy, allegation of - Forensic examination - Semen and sperm cells on victim's rectum - Whether could still be retrieved 56 hours after alleged carnal intercourse

EVIDENCE: Expert evidence - DNA profiling - Sodomy, allegation of - DNA profiles extracted from traces of semen and sperm cells obtained from victim's rectum - Semen and sperm cells obtained more than 36 hours after alleged sexual assault - Degradation - Whether biological samples suffered from degradation - Whether DNA profiling impaired and compromised

EVIDENCE: Statement - Unsworn statement from the dock - Whether a matter of the accused's right - Whether should be credible and not mere bare allegation - Adverse comment by court of statement - Whether a misdirection 



SEPAKAT EFEKTIF SDN BHD v. MENTERI DALAM NEGERI & ANOR AND ANOTHER APPEAL
COURT OF APPEAL, PUTRAJAYA
MOHAMAD ARIFF YUSOF JCA, TENGKU MAIMUN JCA, VARGHESE GEORGE JCA
[CIVIL APPEALS NO: W-01-500-2011 & W-01-501-2011]
9 OCTOBER 2014

ADMINISTRATIVE LAW: Exercise of administrative powers - Judicial review - Appeal against Minister's order banning books alleged to be prejudicial to public order - Compilation of cartoons with political satires and parodies - Whether posed threat to public order - Test - Whether reasonable Minister similarly situated would have acted in same manner - Whether books already in circulation long before being banned - Whether fell within Wednesbury unreasonableness test - Whether political cartoon disrupts public order - Printing Presses and Publications Act 1984, s. 7(1)

CONSTITUTIONAL LAW: Fundamental liberties - Freedom of speech and expression - Appeal against Minister's order banning books alleged to be prejudicial to public order - Compilation of cartoons with political satires and parodies - Whether exercise of Ministerial discretion affected citizen's freedom of expression - Test - Whether action directly affected fundamental right - Whether Minister acted reasonably and rationally in issuing orders - Federal Constitution, arts. 5, 8 & 10(1) - Printing Presses and Publications Act 1984, s. 7(1)



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