ENACTMENT NO. 5 OF 2003
SYARIAH COURT EVIDENCE (STATE OF SELANGOR) ENACTMENT 2003

PART III - PRODUCTION AND EFFECT OF EVIDENCE
CHAPTER 4 - SPECIAL PROVISIONS RELATING TO TESTIMONY OF WITNESSES



Section 121. Secret examination.

(1) A secret examination shall be conducted by means of a secret letter in which a Judge will write the name of the defendant or the accused and the subject matter of the claim or the charge, as the case may be, the name of the witness, his identification, occupation and place of residence.

(2) The secret letter shall be enclosed in a sealed envelope and delivered by the Court to the person appointed as the secret examiner.

(3) On receipt of the secret letter and after reading its content, the secret examiner shall write below the name of the witness specified therein the word “‘adil” or the words “tidak ‘adil” (jurh), according to his evaluation, and shall forthwith return the letter to the Judge.

(4) Where the secret letter is returned to the Judge with the words “tidak ‘adil” or “Wallahu ‘alam” or any other words to that effect written thereon, or if there is nothing written thereon, the Judge shall not admit the evidence of such witness and may request another witness to be produced.




Copyright © PNMB-LawNet. All rights reserved.