(1) Where an application is made pursuant to section 6 of the Mutual Assistance in Criminal Matters Act or under any other law in force in Saint Lucia for obtaining of evidence in a country or State outside of Saint Lucia, the procedure for obtaining that evidence is contained in the following subsections.
(2) Where an application is made under subsection (1) and it appears to any court or judge that any court or tribunal outside Saint Lucia, before which any civil, or criminal matter is pending, is desirous of obtaining the evidence in relation to that matter of—
(a) a party or witness within the jurisdiction of the first mentioned court; or
(b) the court to which the judge belongs; or
(c) of the judge,
the court or judge may, order the examination on oath or affirmation, before any person or persons named in the order, of that party or witness accordingly, and by the same or any subsequent order may command the attendance of that party or witness for the purpose of being examined, and for the purpose of producing any writings or other documents mentioned in the order and of any writings or documents relating to this matter in question that are in the possession or power of that party or witness.
(3) For greater certainty, evidence for the purposes of subsection (2) may be given by means of technology that permits the virtual presence of the party or witness before the court or tribunal outside Saint Lucia or that permits that court or tribunal, and the parties, to hear and examine the party or witness.
(4) Where a party or witness gives evidence under subsection (3), the evidence shall be given as though they were physically before the court or tribunal outside Saint Lucia, for the purposes of the laws relating to evidence and procedure but only to the extent that giving the evidence would not disclose information otherwise protected by the law in force in Saint Lucia relating to non-disclosure of information or privilege.
(5) Where a party or witness gives evidence under subsection (3) the law in force in Saint Lucia relating to contempt of court applies with respect to a refusal by the party or witness to answer a question or to produce a writing or document referred to in subsection (1), as ordered under that subsection by the court or judge.
(6) In the absence of any order in relation to the evidence to be produced in support of the application referred to in subsection (1), letters rogatory from a court or tribunal outside Saint Lucia in which the civil, or criminal matter is pending, are deemed and taken to be sufficient evidence in support of the application.
(7) Where a court in Saint Lucia makes an application to a State outside Saint Lucia to obtain evidence from a party or a witness in relation to proceedings before it and the evidence is to be given by means of technology which permits the virtual presence of the party of the witness before the court in Saint Lucia or permits that court to hear and examine the party or witness, the court in Saint Lucia shall permit the adducing of the evidence as if that the party or witness was physically before the court.