Tetralina Ahmed Fauzi

On the court record

Engages the prosecution's disclosure obligations and additional evidence under the Criminal Procedure Code, and the constitutional law of peaceful assembly under Article 10 of the Federal Constitution.

Tetralina Ahmed Fauzi's appearances in this corpus engage criminal procedure and constitutional law. As counsel for the respondent in the High Court (Mahkamah Tinggi), she acted in matters concerning pre-trial disclosure and additional evidence on appeal. The court addressed "penzahiran dokumen" (the disclosure of documents) under "Seksyen 51A Kanun Tatacara Jenayah" (section 51A of the Criminal Procedure Code), and the scope of the prosecution's duty of pre-trial disclosure — whether the prosecution is obliged to deliver all documents, or only those it intends to tender as evidence. The court also considered "keterangan tambahan dalam rayuan" (additional evidence on appeal) under section 317 of the Criminal Procedure Code, and the discretion of an appellate court to receive fresh evidence in exceptional circumstances. Those provisions define the informational fairness of a criminal trial and the narrow circumstances in which the evidential record may be supplemented after the fact.

In the Federal Court (Mahkamah Persekutuan) she acted as counsel for the respondent in a constitutional matter concerning the right to peaceful assembly. The catchwords set out the constitutional architecture: Article 10(1)(b) of the Federal Constitution guarantees the right to assemble peaceably; Article 10(2)(b) permits Parliament to impose restrictions on that right; Article 8(1) guarantees equality before the law and informs the proportionality analysis; and Article 4(1) renders void any law inconsistent with the Constitution. The concrete question concerned the requirement to give the police ten days' notice of an assembly, where the organiser had failed to give that notice, and whether such a notification requirement is a valid and proportionate restriction on the freedom of assembly.

Across these matters, Tetralina Ahmed Fauzi's practice engages the prosecution's disclosure obligations and the reception of additional evidence under the Criminal Procedure Code, and the constitutional law of peaceful assembly — the scope of the Article 10 freedom and the proportionality of statutory restrictions upon it.