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470.   Deposition to be received in evidence where witness cannot be produced

Revised Laws of Saint Lucia (2021)

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470.   Deposition to be received in evidence where witness cannot be produced

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    (1)   Subject to subsection (2) where in the course of any proceedings instituted under this Act before any Court, or before any person authorised by law or by the consent of parties to receive evidence, the testimony of any witness is required in relation to the subject-matter of the proceedings, then, upon due proof that the witness cannot be found in Saint Lucia, any deposition that the witness has previously made on oath or affirmation, in relation to the same subject-matter, before any judge or magistrate or before a consular officer in any part of the Commonwealth other than Saint Lucia in any place not within the Commonwealth, shall be admissible in evidence:

However—

  1.  

    (a)     if the proceedings are criminal, a deposition so made shall not be admissible unless it was made in the presence of the person accused, and the judge, magistrate or proper officer before whom it was made has certified that the accused was present at the time the deposition or affirmation was made; and

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    (b)     no deposition so made shall be admissible, unless it is authenticated by the signature of the judge, magistrate or proper officer before whom it was made.

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    (2)   A deposition made in the manner referred to in subsection (1) shall be deemed to be duly authenticated if it is signed by the judge, magistrate or proper officer before whom it was made.

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    (3)   In any criminal proceedings, a certificate purporting to have been signed by the judge, magistrate or proper officer before whom a deposition was made that the accused was present at the taking of the deposition shall, unless the contrary is proved, be sufficient evidence of the accused having been present in the manner thereby certified.

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    (4)   This section shall not affect any case in which depositions taken in any proceedings are rendered admissible in evidence by any other enactment.

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