ENACTMENT No. 3 Of 1989 SYARIAH CRIMINAL PROCEDURE ENACTMENT 1988
PART IV - PROCEEDINGS IN PROSECUTIONS Chapter XI - GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
Section 111. Change of Kadi during hearing or inquiry.
Whenever any Kadi 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 Kadi who has and who exercises such jurisdiction, the Kadi 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 inquiry or trial:
Provided as follows-
(a) in any trial the accused may, when the second Kadi commences his proceedings, demand that the witnesses or any of them be re-summoned and re-heard;
(b) the Mahkamah Rayuan may, whether there be an appeal not, set aside any conviction had on evidence not wholly recorded by the Kadi 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 inquiry or trial.