118
Laws of Malaysia
Act 593
(k)
If the accused puts in any written statement the Court
shall file it with the record.
(l)
(i) If the accused applies to the Court to issue any
process for compelling the attendance of any witness
(whether he has or has not been previously examined
in the case) for the purpose of examination or crossexamination or the production of any document or
other thing, the Court shall issue the process unless
it considers that the application should be refused
on the ground that it is made for the purpose of
vexation or delay or for defeating the ends of justice,
in which case that ground shall be recorded by it
in writing.
(ii) The Court may, before summoning any witness on
such application, require that his reasonable expenses
incurred in attending for the purposes of the trial
be deposited in Court.
(m)
(i) At the conclusion of the trial, the Court shall consider
all the evidence adduced before it and shall decide
whether the prosecution has proved its case beyond
reasonable doubt.
(ii) If the Court finds that the prosecution has proved
its case beyond reasonable doubt, the Court shall
find the accused guilty and he may be convicted
on it and the Court shall pass sentence according
to law.
Provided that before the Court passes sentence,
the Court shall, upon the request of the victim
of the offence or the victim’s family, call upon
the victim or a member of the victim’s family to
make a statement on the impact of the offence on
the victim or his family; and where the victim or
a member of the victim’s family is for any reason
unable to attend the proceedings after being called
by the Court, the Court may at its discretion admit
a written statement of the victim or a member of
the victim’s family.
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