136
Laws of Malaysia
Act 593
manner that he would not be seen or heard by both the accused and
his counsel, the Public Prosecutor may make an oral application
to the Court for the procedures in this section to apply.
(2) For the purpose of satisfying itself as to the need to protect
the identity of the witness, the Court shall hold an inquiry in
camera by questioning the witnesses concerned or any other
witness in the absence of the accused and his counsel.
(3) If after such inquiry the Court is satisfied as to the need to
protect the identity of the witness, the evidence of such witness
shall be given in such a manner that the witness would not be
visible to the accused and his counsel and further if the witness
fears that his voice may be recognized, his evidence shall be
given in such manner that he would not be heard by the accused
and his counsel.
(4) The evidence given by the witness under subsection (3)
shall be given to the accused and his counsel provided that the
Court shall cause the evidence leading to the identity of the
witness to be concealed.
(5) The Court shall disallow any question by the accused or his
counsel to any other witness that would lead to the identification
of the witness who has given his evidence under this section.
(6) Where a witness gives evidence in accordance with this
section, he shall for the purposes of this Code and the Evidence
Act 1950 be deemed to be giving evidence in the presence of
the Court, the accused person and his counsel.
(7) The Court shall seal all records that may lead to the
identification of the witness who has given evidence under this
section.
Identification by witness where evidence is taken in camera
265b. If in the course of taking evidence under section 265a
the accused or any other person is required to be identified by
the witness who gives evidence in the manner provided in that
section, such identification may be made by the witness through
an interpreter or other officer of the Court.
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