Section 12
Limitation on use of statement
of Mutual Assistance in Criminal Matters Act 2002
Where a person is in Malaysia pursuant to a request made under section 9 and that person has made a statement in relation to the criminal matter to which the request relates or in relation to a
20 Laws of Malaysia ACT 621
criminal matter certified by the
Attorney
General under subparagraph 11(2)(b)(ii), that statement—
(a)
shall not be admitted or otherwise used in any prosecution of the person for an offence against the laws of Malaysia
(other than for the offence of perjury or contempt of court in relation to the giving of that evidence) unless the appropriate authority of the foreign State concerned consents to it being so used; and
(b)
may be admitted or used against him in any criminal proceedings in Malaysia—
(i)
for the purpose of impeaching his credibility; or
(ii)
as evidence of any fact stated in that statement, of which direct oral evidence by him would be admissible, if in giving such evidence he makes a statement inconsistent with that statement.