Malaysia legislation
Section 7
Seksyen 7
Kanun dipinda dengan memasukkan selepas seksyen 265
seksyen yang berikut:
“Special provisions relating to protected witness 265a. (1) Notwithstanding section 264, where at any time during any trial, any of the witnesses for the prosecution refuses to have his identity disclosed and wishes to give evidence in such a manner that he would not be seen or heard by both the accused and his counsel, the Public Prosecutor may make an oral application to the Court for the procedures in this section to apply.
(2)
For the purpose of satisfying itself as to the need to protect the identity of the witness, the Court shall hold an inquiry in camera by questioning the witnesses concerned or any other witness in the absence of the accused and his counsel.
(3)
If after such inquiry the Court is satisfied as to the need to protect the identity of the witness, the evidence of such witness shall be given in such a manner that the witness would not be visible to the accused and his counsel and further if the witness fears that his voice may be recognized, his evidence shall be given in such manner that he would not be heard by the accused and his counsel.
(4)
The evidence given by the witness under subsection (3)
shall be given to the accused and his counsel provided that the Court shall cause the evidence leading to the identity of the witness to be concealed.
(5)
The Court shall disallow any question by the accused or his counsel to any other witness that would lead to the identification of the witness who has given his evidence under this section.
(6)
Where a witness gives evidence in accordance with this section, he shall for the purposes of this Code and the
Evidence Act 1950 be deemed to be giving evidence in the presence of the Court, the accused person and his counsel.
Undang-Undang Malaysia 6
Akta A1521
(7)
The Court shall seal all records that may lead to the identification of the witness who has given evidence under this section.
Identification by witness where evidence is taken in camera 265b. If in the course of taking evidence under section 265a the accused or any other person is required to be identified by the witness who gives evidence in the manner provided in that section, such identification may be made by the witness through an interpreter or other officer of the Court.
Protection of identity of witness 265c. Notwithstanding any written law to the contrary, any report through any means on a protected witness shall not reveal or contain—
(a)
the name;
(b)
the address;
(c)
the picture of the protected witness or any other person, place or thing which may lead to the identification of the protected witness; or
(d)
any evidence or any other thing likely to lead to the identification of the protected witness.”.
Pindaan seksyen 294