ENACTMENT NO. 08 OF 2002 SYARIAH COURT EVIDENCE (STATE OF MALACCA) ENACTMENT 2002
PART I - RELEVANCY CHAPTER 2 - QARINAH Statements by Persons who cannot be called as Witnesses
Section 21. Relevancy of certain evidence for proving in subsequent proceeding the truth of facts therein stated.
Evidence given by a witness in a judicial proceeding, or before any person authorized by law to take it, is qarinah for the purpose of proving in a subsequent judicial proceeding, or at a subsequent stage of the same judicial proceeding, the truth of the facts which it states, when the witness is dead or cannot be found or is incapable of giving evidence, or is kept out of the way by the adverse party, or if his presence cannot be obtained without an amount of delay or expense which under the circumstances of the case the Court considers unreasonable:
Provided that—
(a) the proceeding was between the same parties or their representatives in interest;
(b) the adverse party in the first proceeding had the right and opportunity to cross-examine;
(c) the questions in issue were substantially the same in the first as in the second proceeding.
Explanation—A criminal trial or inquiry shall be deemed to be a proceeding between the prosecutor and the accused within the meaning of this section.