Revised Laws of Saint Lucia (2022)

751.   Proceedings as to evidence on appeal

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    (1)   Where, in any proceedings, the Court considers it necessary that fresh evidence or further evidence should be adduced, it may either—

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      (a)     re-examine any witness, who was a competent witness at the trial, and who gave evidence at the original hearing;

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      (b)     order any witness, who would have been a competent witness at the trial to attend and be examined before the Court, whether or not he or she was called as a witness at the original hearing;

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      (c)     receive the evidence, if tendered, of any witness including the appellant or respondent whether or not he or she was called or examined at the original hearing, but no person shall be called as a witness without his or her consent where such consent is required by law;

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      (d)     order the evidence to be adduced before the Court on a day to be fixed;

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      (e)     refer the case back to the magistrate to take the evidence, and may in that case—

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        (i)     direct the magistrate to adjudicate afresh after taking the evidence and subject to such directions in law, if any, as the Court may think fit to give, or

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        (ii)     direct the magistrate after taking the evidence to report specific findings of fact for the information of the Court,

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      and on any such reference the case shall, so far as may be practicable and necessary, be dealt with as if it were being heard in the first instance;

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      (f)     remit to any fit person to inquire and report in regard to the facts and circumstances of any case under appeal, and on considering such report may pronounce judgment.

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    (2)   Any witness required under subsection (1)—

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      (a)     shall be summoned or produced in the same manner;

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      (b)     may be remunerated at the same rate; and

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      (c)     shall suffer the same penalties and liabilities for non-attendance,

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    as are provided with respect to witnesses summoned to attend at the hearing or trial of any case before the Court in the exercise of its general civil jurisdiction.

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    (3)   Where a case is referred back to a district court under subsection (1)(e), the Court may direct the district court to re-summon the respective parties to the appeal and to re-hear and determine the case referred to it without any further charges or costs and, unless the Court otherwise directs, either party is entitled, subject to the provisions of this Code, to appeal against the decision or order of the district court on such re-hearing.