Malaysia legislation
Section 12
Section 12
The principal Act is amended by inserting after section 38a the following sections:
“Admissibility of statements in evidence 38aa. (1) Except as provided in this section, no statement made by any person to the Director General or any officer duly authorized in writing by him in the course of an investigation made under this Act shall be used in evidence.
(2)
When any witness is called for the prosecution or for the defence, other than the accused, the court shall, on the request of the accused or the prosecutor, refer to any statement made by that witness to the Director General or
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any officer duly authorized in writing by him in the course of the investigation under this Act and may then, if the courts thinks fit in the interest of justice, direct the accused to be furnished with a copy of it and the statement may be used to impeach the credit of the witness in the manner provided by the Evidence Act 1950 [Act 56].
(3)
Where the accused had made a statement during the course of an investigation, such statement may be admitted in evidence in support of his defence during the course of the trial.
(4)
Nothing in this section shall be deemed to apply to any statement made in the course of an identification parade or falling within section 27 or paragraphs 32(1)(a), (i) and
(j)
of the Evidence Act 1950.
(5)
When any person is charged with any offence in relation to the making or the contents of any statement made by him to the Director General or any officer duly authorized in writing by him in the course of an investigation made under this Act, that statement may be used as evidence in the prosecution’s case.
Power to require attendance of persons acquainted with case 38ab. (1) The Director General or any officer duly authorized in writing by him making an investigation under this Act may, by order in writing, require the attendance before himself of any person who appears to the Director General or any officer duly authorized in writing by him to be acquainted with the facts and circumstances of the case, and such person shall attend as so required.
(2)
If any such person refuses or fails to attend as required by an order made under subsection (1), the Director General or any officer duly authorized in writing by him may report such refusal or failure to a Sessions Court Judge who shall issue a warrant to secure the attendance of such person as may be required by the order.”.
Environmental Quality (Amendment)
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Substitution of section 46b