ENACTMENT NO. 09 OF 2002
SYARIAH CRIMINAL PROCEDURE (STATE OF MALACCA) ENACTMENT 2002
PART V - PROCEEDINGS IN PROSECUTIONS
CHAPTER 5 - GENERAL PROVISIONS AS TO TRIALS
Section 108. Change of Judge during hearing.
Whenever any Judge, after having heard and recorded the whole or any part of the evidence in a trial, ceases to exercise jurisdiction therein and is succeeded by another Judge who has and who exercises such jurisdiction, the Judge so succeeding may act on the evidence so recorded by his predecessor, or partly recorded by his predecessor and partly recorded by himself, or he may re-summon the witnesses and recommence the trial:
Provided as follows—
(a) in any trial the accused may, when the second Judge commences his proceedings, demand that the witnesses or any of them be re-summoned and re-heard;
(b) the appropriate appeal Court may, whether there be an appeal or not, set aside any conviction had on evidence not wholly recorded by the Judge before whom the conviction was had, if such Court is of opinion that the accused has
been materially prejudiced thereby, and may order a new trial.
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