What should the Defendant inform the Court before trial?- Before the trial, either at the Case Management Mention or at a Pre-Trial Conference, the Defendant must ensure that they inform the Court:
- Their defence, especially if it is a Defence of Alibi
- The evidence they intend to rely on such as documents, photographs, video recordings, etc.
- If they require additional documents or evidence from the Prosecutor
- If they have any witnesses they wish to call and if so, how many witnesses
- If they require a witness summons to secure the attendance of their witness
- If their witness cannot speak or understand Bahasa Melayu or English and requires an interpreter in their chosen language
- If the Defendant fails to disclose any evidence or decides to change their case and evidence later during the trial, the Court can draw adverse inferences against them and this can weaken their case.
How can the Defendant prepare for trial?
- Read and study any documents given by the Prosecutor. These documents will be used during the trial, make sure to bring them.
- The Defendant has to ensure that he has all of the documents and evidence that he wants to rely on:
- Prepare a list outlining the Defence witness’s name and the documents/evidence each witness will give.
- For documents and photographs; bring the original and prepare 3 copies to be used in the trial. The maker of the documents or the photographer will have to be called to give evidence.
- For any video recordings or objects; inform the court ahead so the necessary preparation can be done.
- Prepare the questions to be asked to the Prosecution’s witnesses.
What is a Defence of Alibi?
- An alibi is a defence that places the Defendant at a particular location when the crime happened, which means the Defendant could not have been at the particular place where the crime was committed.
Notice of Alibi (S. 117A CPC)
- If the Defendant is relying on a Defence of Alibi, they must give a Notice of Alibi to the Prosecutor.
- The purpose of the Notice of Alibi is to allow the Prosecutor to verify the alibi. If there are witnesses, the police can interview the witnesses.
- The Notice of Alibi must include:
- The Defendant’s name and court case number
- The particulars of the alibi i.e. the location where the Defendant allegedly was at the time of the crime
- The name and address of the Defendant’s witness
- The Defendant must give the Notice of Alibi to the Prosecutor not less than 10 days before the trial starts.
- If the Defendant does not give a Notice of Alibi, the Court can refuse to allow the Defendant to rely on any evidence to support the alibi.
* Click here for a Sample Notice of Alibi. (link to Sample Notice of Alibi)
Witness Summons/Subpoena
- A witness summons is a document issued by the Court that requires a person to appear before a court to give evidence for a case.
- The written application must include the Defendant’s name, court case number, the trial dates and the name and address of the witness.
- The written application must be submitted not less than 14 days before the trial begins.
- Once it is issued, it is the responsibility of the Defendant to serve the witness summons to the relevant witness.
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