The abuse of the due process doctrine

Shair Mohamad, Mohd Akram and Kamarudin, Abdul Rani (2015) The abuse of the due process doctrine. In: Kuala Lumpur International Business, Economics and Law Conference 8 (KLIBEL8), 12th-13th Dec. 2015, Hotel Putra, Kuala Lumpur.

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Abstract

Under the Malaysian evidence law, evidence procured by illegal methods, even by reprehensible methods such as entrapment is still admissible as long as it is relevant. Even though, there is a discretion to exclude, it is exercised in very circumscribed circumstances. In England, although entrapment is not a defence – the judiciary has adopted the ‘abuse of due process’ doctrine to overcome the unjust effects of admitting such evidence by staying the proceedings. Recently, in Wan Mohd Azman bin Hassan v PP [2010] 4 MLJ 141, the Federal Court was asked to consider receiving the doctrine, it was reluctant to do so. This paper seeks to propose that this valuable instrument should be considered strongly because it can go a long way in promoting justice and avoiding serious miscarriage of justice in the Malaysia criminal justice system.

Item Type:	Conference or Workshop Item (UNSPECIFIED)
Additional Information:	2226/47119 (ISBN: 978-967-11350-9-9)
Uncontrolled Keywords:	Abuse of Court Process, stay of proceedings.
Subjects:	K Law > K Law (General)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Legal Practice
Depositing User:	Assoc. Prof Dr. Abdul Rani Kamarudin
Date Deposited:	21 Mar 2016 13:39
Last Modified:	22 May 2018 10:09
URI:	http://irep.iium.edu.my/id/eprint/47119

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