Malaysia legislation

Section 22

of KAEDAH-KAEDAH PROFESION GUAMAN SYARIE (WILAYAH-WILAYAH PERSEKUTUAN) (PROSIDING TATATERTIB) 2024

Seksyen 22

Proceedings of Disciplinary Board

(1)

At the commencement of the hearing, the Chairman shall record the names of the parties present.

(2)

Unless permitted by the

Chairman, only the complainant, the Peguam Syarie concerned and their legal representatives, if any, shall be present during the proceedings.

(3)

Where the complainant is a body corporate or an organization, the complainant may appear through an authorized representative.

(4)

If the complainant or his legal representative is present, the Chairman shall direct the complainant or his legal representative to present his case.

(5)

All evidence shall be given separately and under oath.

(6)

At any hearing before the Disciplinary Board—

(a)

the Peguam Syarie concerned may cross-examine the complainant and his witness who have given their evidence in relation to the complaint; and

(b)

the complainant may cross-examine the Peguam Syarie concerned and his witness who have given their evidence in relation to the complaint.

P.U. (A) 212 53

(7)

The Chairman or members of the Disciplinary Board may ask any question, or request the attendance of any person as a witness or for the production of any thing or documents as the Disciplinary Board may think is relevant to the inquiry.

(8)

If the complaint is based on a misconduct relating to monies in the custody or control of the Peguam Syarie concerned, the burden shall be on the Peguam Syarie concerned to provide a satisfactory explanation in relation to the complaint.

(9)

The Chairman of the Disciplinary Board shall call upon the Peguam Syarie concerned to respond to the complaint at the close of the complainant’s case.

(10)

The Chairman of the Disciplinary Board may call upon the parties to make their final submissions at the close of the proceedings, with the Peguam Syarie concerned making the first submission.

(11)

The Disciplinary Board shall record all evidence given to it.

Adjournment of hearing