Revised Laws of Saint Lucia (2023)

13.   Recalcitrant witnesses

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    (1)   When a person attending before the House or a committee under a summons issued under section 10, or brought before the House or committee by virtue of a warrant issued under section 11 refuses to answer any questions put by the House or committee, or to produce any paper, book, record or other document which he or she has been required to produce by an order made under section 9, (such person being in this section referred to as “the witness”) and in the opinion of the Speaker or the chairperson as the case may be—

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      (a)     such question, paper, book, record or other document is material to the subject of the enquiry of the House or the committee; and

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      (b)     no privilege exists in relation to such question, paper, book, record or other document under section 14,

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    the Speaker or chairperson, as the case may be, may refer such refusal to the High Court.

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    (2)   The Registrar of the High Court shall fix a date for the consideration by the Court at the earliest opportunity of any reference made under this section, and shall cause notice of the date so fixed to be given to the Clerk and to the witness.

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    (3)   Upon consideration of a reference made under this section and

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      (a)     upon proof by affidavit or otherwise of the relevant facts; and

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      (b)     after giving the witness an opportunity of showing cause why an order should not be made against him or her under this subsection,

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    the High Court may make an order that the witness answer the question, or produce such paper, or other document, either forthwith or within such time as may be specified in the order.

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    (4)   A person who fails, without lawful excuse, to comply with an order made under subsection (3) is in contempt of court and may be proceeded against and punished accordingly.

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    (5)   Rules of court may be made by the authority which has power to make rules or orders regulating the practice and procedure of the High Court for the purpose of regulating the practice and procedure relating to the consideration by the Court of references made under this section, and without prejudice to the generality of the foregoing provision, such rules may—

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      (a)     prescribe the matters required to be set out in any affidavit made for the purpose of this section and the person who shall depose to the facts contained in any such affidavit; and

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      (b)     prescribe the manner in which proof shall be given of the facts relevant to the subject matter of any reference made under this section.