IF THE HALACHA IS THAT EDIM ZOMEMIM ONLY GET THE HAZAMA PENALTY IF THERE HAS BEEN A GMAR DIN BUT THE PUNNISHMENT HAS NOT YET BEEN INSTITUTED, HOW WILL THE HAZAMA PENALTY OF MAKOS EVER BE GIVEN IN THE CASE OF BEN GRUSHA UBEN CHALUTZA? ONCE THE COURT BELIEVES THE TESTIMONY OF THE WITNESSES AND ISSUES A GMAR DIN THAT THE PERSON IS IN FACT A BEN GRUSHA ETC., THE PUNNISHMENT(IE. THAT THE PERSON BECOMES A CHALAL)IMMEDIATELY COMES INTO EFFECT, AND ITS TOO LATE TO GIVE THE HAZAMA PENALTY?

Question, NEW YORK, USA

Thanks for the response. Would the same thing apply to IR Miklat? Meaning, that even though the person is sent to ir miklat we can always take him out when the new testimony comes to light. So, if the person is sent to ir miklat based on the testimony of witnesses A&B and then witnesses C&D come and are mezamem witnesses A&B, do A&B get the hazama penalty (makos) in this case even though the original guy was already sent to the IR Miklat?