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894.   Deposition signed by magistrate to be evidence

Revised Laws of Saint Lucia (2021)

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894.   Deposition signed by magistrate to be evidence

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    (1)   A deposition taken at committal proceedings may be produced and given in evidence at the trial of the person against whom or for whom it was taken, if it is proved to the satisfaction of the judge—

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      (a)     that the deponent is dead, or so ill as not to be able to travel, although there may be a prospect of his or her recovery; or

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      (b)     that the deponent is kept out of the way by the prosecutor or the accused person; or

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      (c)     that the deponent is absent from the State or cannot be found after diligent search, or cannot be compelled to attend the Court, and if the Court is satisfied that such absence is caused by, or is due to any improper motive on the part of the deponent, and, if such motive exists, that there is any collusion between the deponent and the party tendering the deposition in respect of such motive, this provision shall not apply;

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      (d)     that the deponent is mentally ill so as to be incapable of testifying;

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      (e)     if the deposition purports to be signed by the magistrate by or before whom it purports to have been taken; or

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      (f)     if it is proved to by the person who offers it as evidence that it was taken in the presence of the accused person or the prosecutor, as the case may be, or, in cases where the deposition was taken after committal, that notice of the examination was given as provided in this Code, to the party against whom the deposition is proposed to be given in evidence.

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    (2)   If the deposition purports to have been taken and signed, it is presumed, in the absence of evidence to the contrary, to have been duly taken, read and signed.

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    (3)   If it is made to appear to the Judge that the witness who made the deposition may, within a reasonable time, be capable of attending to give evidence and that the ends of justice require that the witness should be examined personally before the jury, the Court may postpone the trial on such terms as may seem proper.

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