(1) Where in any proceedings before a court in Saint Lucia for an offence committed on board an aircraft the testimony of any person is required and the court is satisfied that that person cannot be found in Saint Lucia, there shall, subject to subsection (2), be admissible in evidence before that court any deposition relating to the subject matter of those proceedings previously made on oath by that person outside Saint Lucia which was so made—
(a) in the presence of the person charged with the offence; and
(b) before a judge or magistrate of a country whose citizens have the status of Commonwealth citizens, or before a consular representative for Saint Lucia.
(2) Any deposition mentioned in subsection (1) shall be authenticated by the signature of the judge, magistrate or consular representative before whom it was made, who shall certify that the person charged with the offence was present at the making of the deposition.
(3) It is not necessary in any proceedings to prove the signature or official character of the person appearing so to have authenticated any such deposition or to have given such a certificate and such certificate shall, unless the contrary is proved, be sufficient evidence in any proceedings that the person charged with the offence was present at the making of the deposition.
(4) If a complaint is made to a consular representative for Saint Lucia that an offence has been committed on a Saint Lucia – controlled aircraft while in flight elsewhere than in or over Saint Lucia that representative may enquire into the case on oath.
(5) This section shall not prejudice the admission as evidence of any deposition which is admissible in evidence apart from this section.
(6) For the purposes of this section the expression “deposition” includes an affidavit, or statement made on oath or affirmation.