Malaysia legislation
Section 18
Section 18
(2)
Whenever any Judge, after having heard and recorded the whole or any part of the evidence in a proceeding, is unable through death, illness or other cause to conclude the proceeding, another Judge may—
(a)
continue with the proceeding from the stage at which the previous Judge left it and—
(i)
act on the evidence already recorded by the previous
Judge; or
(ii)
act on the evidence partly recorded by the previous
Judge and partly by himself; or
(b)
resummon the witnesses and recommence the proceeding.
(3)
Where the Judge acts under subparagraph 2(a)(i) he may, either on his volition or at the request of any party to the proceeding, recall any of the witnesses as in respect of any part of the evidence already recorded, or he may take their evidence afresh:
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Provided that in respect of a criminal proceeding, the Court of
Appeal and the Federal Court may, on appeal, set aside any conviction had on evidence not wholly recorded by the Judge before whom the conviction was had if such Court is of the opinion that the accused had been materially prejudiced thereby, and may order a new trial.
Sittings of the High Court