20. Procedure at Hearing
-
(1) The defaulter shall be ordered to appear at the hearing of the case.
-
(2) The case against the defaulter may be presented by a gazetted officer other than the Commissioner.
-
(3) If the defaulter does not admit the charge the hearing shall proceed as though he or she denied the charge.
-
(4) Before the case against the defaulter is presented, the defaulter may submit that the facts alleged in the charge are not such as to constitute the offence with which he or she is charged and the Commissioner if he or she upholds that submission shall dismiss the charge to which the submission relates.
-
(5) The defaulter may conduct his or her defence either in person or be represented by a member of equivalent or lower rank selected by himself or herself.
However, on an application made by the defaulter, the Commissioner may authorise a member of or below the rank of inspector to be the defaulter's representative.
If the defaulter is represented by another member, the defaulter as well as his or her representative may cross-examine the witness called in support of the case.
-
(6) A verbatim record of the proceedings at the hearing of the case shall be taken and a transcription of the record shall be made.