20
Laws of Malaysia
ACT 747
person be attached with an electronic monitoring device in
accordance with the Criminal Procedure Code.
PART VI
SPECIAL PROCEDURES RELATING TO PROTECTED WITNESS
Evidence of witness given in a special manner
14. (1) Notwithstanding Article 5 of the Federal Constitution and
section 264 of the Criminal Procedure Code, where at any time
during the trial of a security offence, any of the witnesses for the
prosecution refuses to have his identity disclosed and wishes to give
evidence in such a 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 witness concerned or any other witness in the absence
of the accused and his counsel.
(2A) The court shall notify the prosecution of its decision to
protect the identity of the witness within seven days of the inquiry.
(2B) Within seven days of the decision, the prosecution may
appeal against a refusal by the court to protect the identity of the
witness.
(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 manner that he would not be visible to the accused
and his counsel, but would be visible to the court; 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.
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