Malaysia legislation

Section 192

of Syariah Criminal Procedure Enactment 2004

Section 192

(2)

If the accused is in custody, a Judge may order the officer in charge of the prison to convey him to the place at the time notified and that officer shall convey him accordingly.

(3)

When it is proved at the trial of the accused for any offence to which such deposition relates that the deponent is dead or that for any sufficient cause his attendance cannot be procured, the deposition may be read either for or against the accused, notwithstanding his absence when it was taken, if it be certified under the hand of the Judge who took it and the contrary be not proved, or if it be shown by extrinsic evidence that the deponent was at the time of his examination dangerously ill as mentioned in subsection (1) and that the deposition was duly taken at the place and time notified and that reasonable notice of the intention to take it was given to the person against whom it is tendered in evidence, so that he or his Syar'ie Lawyer might have been present and might have had, if he had chosen to be present, full opportunity of cross-examination.

Where person bound to give evidence intends to leave Malaysia