Malaysia legislation

Section 37M

of Sabah Water Supply Enactment 2003

Section 37M

(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 authorized officer in the course of the investigation under this

Enactment and may then, if the court thinks fit in the interest of justice, direct the accused to be furnished with a copy of it and the statement 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 of falling within section 27 or paragraphs 32(1)(a), (i) and (j) of the evidence Act 1950 [Act 56].

(5)

When any person is charged with any offence in relation to -

(a)

the making; or

(b)

the contents, of any statement made by him to the authorized officer in the course of an investigation made under this Enactment, that statement may be used as evidence in the prosecution’s case.

Forfeiture or release of equipment, device, etc.,seized