140
Laws of Malaysia
Act 593
Evidence through live video or live television links
272b. (1) Notwithstanding any other provision of this Code or
the Evidence Act 1950, a person, other than the accused, may,
with leave of the Court, give video or live evidence through a
live video or live television link in any trial or inquiry, if it is
expedient in the interest of justice to do so.
(2) The Court may, in the exercise of its power under
subsection (1), make an order on any or all of the following
matters:
(a)
the persons who may be present at the place where the
witness is giving evidence;
(b)
that a person be excluded from the place while the witness
is giving evidence;
(c)
the persons in the courtroom who must be able to be
heard, or seen and heard, by the witness, and by the
persons with the witness;
(d)
the persons in the courtroom who must not be able to
be heard, or seen and heard, by the witness and by the
persons with the witness;
(e)
the persons in the courtroom who must be able to see
and hear the witness and the persons with the witness;
(f)
the stages in the proceedings during which a specified
part of the order is to have effect;
(g)
the method of operation of the live video or live television
link system including compliance with such minimum
technical standards as may be determined by the Chief
Justice; and
(h)
any other order the Court considers necessary in the
interest of justice.
(3) The Court shall not give leave under subsection (1) or
make an order under subsection (2) if, in the opinion of the
Court, to do so would be inconsistent with the Court’s duty to
ensure that the proceedings are conducted fairly to the parties to
the proceedings.
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