Revised Laws of Saint Lucia (2021)

41.   Previous representations of other persons

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    (1)   A cross-examiner may not, except as provided by this section, in cross-examination of a witness, use a previous representation alleged to have been made by a person other than the witness.

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    (2)   Where evidence of such a representation, pursuant to subsection (1), has been admitted into evidence, or the court is satisfied that it will be admitted into evidence, the cross-examiner may question the witness about it and its contents.

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    (3)   Where—

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      (a)     a representation referred to in subsection (2) is recorded in a document; and

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      (b)     evidence of the representation has not been admitted and the court is not satisfied that, if it were to be adduced, it would be admitted,

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    the document may only be used in the circumstances set out in sub-section (4).

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    (4)   The circumstances referred to in subsection (3) are as follows—

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      (a)     that the document may be produced to the witness;

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      (b)     that the witness may be asked whether, having examined the contents of the document, he or she adheres to the evidence that he or she has given; and

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      (c)     that neither the cross-examiner nor the witness shall identify the document or disclose its contents.

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    (5)   A document used as mentioned in subsection (4) may be marked for identification.