Page:Malaysian Anti-Corruption Commission Act 2009.pdf/54

54 Evidence of accomplice and agent provocateur

52. (1) Notwithstanding any written law or rule of law to the contrary, in any proceedings against any person for an offence under this Act—
 * (a) no witness shall be regarded as an accomplice by reason only of such witness having—
 * (i) accepted, received, obtained, solicited, agreed to accept or receive, or attempted to obtain any gratification from any person;
 * (ii) given, promised, offered or agreed to give any gratification; or
 * (iii) been in any manner concerned in the commission of such offence or having knowledge of the commission of the offence;
 * (b) no agent provocateur, whether he is an officer of the Commission or not, shall be presumed to be unworthy of credit by reason only of his having attempted to commit, or to abet, having abetted or having been engaged in a criminal conspiracy to commit, such offence if the main purpose of such attempt, abetment or engagement was to secure evidence against such person; and
 * (c) any statement, whether oral or written, made to an agent provocateur by such person shall be admissible as evidence at his trial.

(2) Notwithstanding any written law or rule of law to the contrary, a conviction for any offence under this Act solely on the uncorroborated evidence of any accomplice or agent provocateur shall not be illegal and no such conviction shall be set aside merely because the court which tried the case has failed to refer in the grounds of its judgment to the need to warn itself against the danger of convicting on such evidence.

Admissibility of statements by accused persons

53. (1) In any trial or inquiry by a court into an offence under this Act, any statement, whether the statement amounts to a confession or not or is oral or in writing, made at any time, whether before or after the person is charged and whether in