52
Laws of Malaysia
Act 593
(3) Nothing in this section shall be deemed to affect the
provisions of any law relating to evidence for the time being in
force or to apply to any postal article, telegram or other document
in the custody of the postal or telegraph authorities.
Delivery of certain documents
51a. (1) The prosecution shall before the commencement of the
trial deliver to the accused the following documents:
(a)
a copy of the information made under section 107 relating
to the commission of the offence to which the accused
is charged, if any;
(b)
a copy of any document which would be tendered as part
of the evidence for the prosecution; and
(c)
a written statement of facts favourable to the defence
of the accused signed under the hand of the Public
Prosecutor or any person conducting the prosecution.
(2) Notwithstanding paragraph (c), the prosecution may not
supply any fact favourable to the accused if its supply would be
contrary to public interest.
(3) A document shall not be inadmissible in evidence merely
because of non-compliance with subsection (1).
(4) The Court may exclude any document delivered after the
commencement of the trial if it is shown that such delivery was
so done deliberately and in bad faith.
(5) Where a document is delivered to the accused after the
commencement of the trial, the Court shall allow the accused—
(a)
a reasonable time to examine the document; and
(b)
to recall or resummon and examine any witness in relation
to the document.
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