Section 35
Admissibility of statement
of Pembangunan Sumber Manusia Berhad Act 2001
Where a person is charged with an offence under this
Act, any statement, whether the statement amounts to a confession or not or whether it is oral or in writing, made at any time, whether before or after the person is charged and whether in the course of investigation under this Act or not, and whether or not wholly or partly in answers to questions, by the person to or in the hearing of an authorized officer and whether or not interpreted to him by any other authorized officer or any other person whether concerned or not in the case, shall be admissible at his trial in evidence and, if the person tenders himself as a witness, any such statement may be used in his cross-examination and for the purpose of impeaching his credit.
(2)
A statement referred to in subsection (1) shall not be admissible or used in cross-examination or for the purpose of impeaching the credit of the person making the statement—
(a)
if the making of the statement appears to the court to have been caused by any inducement, threat or promise having reference to the charge against such person proceeding from a person in authority and sufficient in the opinion of the court to give the person charged grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceeding against him; or
(b)
in the case of the statement made by the person after his arrest, unless the court is satisfied that he was cautioned in the following words or words to the like effect:
“It is my duty to warn you that you are not obliged to say anything or to answer any question, but anything you say, whether in answer to a question or not may be given in evidence”.
Act 612
(3)
Notwithstanding subsection (2), a statement made by any person before there is time to caution him shall not be rendered inadmissible in evidence merely by reason of his not having been cautioned if he is cautioned as soon as possible.
(4)
A person accused of an offence to which subsection (1)
applies shall not be bound to answer any questions relating to the case after the caution referred to in subsection (2) has been administered to him.