Malaysia legislation
Section 115
Section 115
(2)
Notwithstanding anything in the foregoing subsection, a statutory declaration shall, in a trial by court-martial, be admissible as evidence of the fact stated in the declaration in a case where, and to the extent to which, oral evidence to the like effect would be admissible in that trial:
Provided that a statutory declaration shall not be admitted as evidence in any such trial on behalf of either the prosecution or the defence—
(a)
where the declaration is put forward on behalf of the prosecution, unless a copy of the declaration has, not less than seven days before the commencement of the trial, been served on the accused;
(b)
where the declaration is put forward on behalf of the defence, unless a copy of the declaration has, not less than seven days, or such less period as the commanding officer may allow, before the commencement of the trial, been served on the commanding officer of the accused;
(c)
in any case, if, not later than three days before the commencement of the trial or within such further time as the court-martial may in special circumstances allow, the accused or, as the case may be, the commanding officer of the accused, serves a notice in the prescribed form on the commanding officer or accused requiring that oral evidence shall be given in lieu of the declaration; or
(d)
in any case, if the court-martial is of the opinion that it is desirable in the interests of justice that oral evidence should be given in lieu of the declaration and declares that it is of that opinion.
(3)
A court-martial shall take judicial notice of all matters of notoriety, including all matters within the general service knowledge of the court, and of all other matters of which judicial notice would be taken in a civil court in Malaysia.
Armed Forces 105
Privilege of witness and others at courts-martial