Revised Laws of Saint Lucia (2021)

11.   Duty of witnesses summoned, Expense of witnesses, Penalty for contumacy

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    (1)   A person summoned to attend and give evidence or to produce books, plans, or documents, at any sitting of a commission is bound to obey the summons served upon them as fully in all respects as witnesses are bound to obey subpœnas issued from the High Court, and is entitled to like expenses as if they had been summoned to attend such court on a criminal trial if the same shall be allowed by the commissioners; but the commissioners may disallow the whole or any part of such expenses in any case, if they think fit.

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    (2)   Orders for the payment of witnesses are to be made as nearly as may be as orders are made for the payment of witnesses in the High Court, and shall be paid in such manner as the Governor General directs.

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    (3)   A person who refuses or omits, without sufficient cause, to attend at the time and place mentioned in the summons served on him or her, and a person who attends, but leaves the commission without the permission of the commissioners, or refuses without sufficient cause to answer, or to answer fully and satisfactorily to the best of his or her knowledge and belief, all questions put to him or her by or with the concurrence of the commissioners, or who refuses or omits without sufficient cause to produce any books, plans, or documents in his or her possession, or under his or her control, and mentioned or referred to in the summons served on him or her, and a person who at any sitting of the commission, wilfully insults any commissioner, or the secretary, or wilfully interrupts the proceedings of the commission, is liable to a fine of $120.

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    (4)   However, a person who gives evidence before the commission is not compellable to incriminate himself or herself, and every such person is in respect of any evidence given by him or her before the commission entitled to all privileges to which a witness giving evidence before the High Court is entitled in respect of evidence given by him or her before such Court.

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    (Amended by Act 14 of 1961)