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Glossary

Witness

A witness is a person who gives evidence in court about what they saw, heard, or otherwise know.

For people seeking legal representation. For general information, use our guides and tools.By the Editorial team. Researched from public sources and not reviewed by a lawyer.

Sources checked 2026-09-17

What Is a Witness?

A witness is a person who gives evidence in court. They tell the court what they saw, heard or otherwise know that is relevant to the case. Their evidence is one of the main ways a court learns the facts.

Police detected 46,048 mule accounts in 2023 and 50,295 in 2024. [f1] In a trial, the witnesses can include the investigating officer, a bank officer and the complainant who reported the loss, and each adds a different piece of the picture.

Who Is Called and Why?

The prosecution calls witnesses to build its case, and the defence may call its own. The investigating officer can come from the Commercial Crime Investigation Department, the PDRM unit that investigates these cases. [f2] A bank officer may explain the account records.

The accused can also choose to give evidence as a witness in their own defence. That is a big decision, because the prosecution can then cross-examine them.

How Is a Witness Questioned?

Every witness goes through the same three stages: examination-in-chief by the side that called them, then cross-examination by the other side, and last re-examination to clear things up.

Article 5(3) of the Federal Constitution gives an arrested person the right to consult a lawyer of their choice. [f3] A lawyer can prepare your witnesses, question the other side’s witnesses, and advise whether you should give evidence yourself.

That planning is best done well before the hearing. Leaving it to the day of trial gives you far less room to respond.

Sources

  1. https://www.rmp.gov.my/
  2. https://www.lawnet.com.my/federal-constitution

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Who can be a witness in a mule-account case?

Anyone with relevant evidence. In a mule-account case that can mean the investigating officer, a bank officer who can explain the account records, or the complainant who lost money. The accused may also give evidence as a witness in their own defence. Each is questioned in the same three stages.

How is a witness questioned in court?

In three stages. First comes examination-in-chief, where the side that called the witness draws out their account. Then cross-examination, where the other side tests it. Last is re-examination, to clear up anything that was left unclear. The court hears the evidence and tests it before deciding how much weight to give it.

Do I have to be a witness in my own case?

No. You are not obliged to give evidence, and either choice has consequences. If you do, you become a witness in your own defence and the prosecution cross-examines you. A lawyer can explain the trade-offs so you decide with a clear picture.

Related pages

If your situation is a little different, these pages cover the closest topics.

Need a Lawyer for Your Frozen Account Case?

Request Lawyer Contact

For people seeking legal representation. For general information, use our guides and tools.

Independent information resource, not a law firm. We do not provide legal advice. Where appropriate and with your consent, we can connect you with an independent lawyer. Availability and acceptance of a case are not guaranteed. How referral works