(1) A statement in a document is admissible in any proceedings as evidence of any fact stated therein of which direct oral evidence would be admissible if—
(a) the document is or forms part of a record compiled by a person acting under a duty, from information supplied by another person, whether the other person was acting under a duty or not, who had, or may reasonably supposed to have had, personal knowledge of the matters dealt with in that information; and
(b) any condition set out in subsection (2) is satisfied.
(2) The conditions mentioned in subsection (1)(b) are—
(a) that the person who supplied the information—
(i) is dead or by reason of his or her bodily or mental condition unfit to attend as a witness,
(ii) is outside Saint Lucia and it is not reasonably practicable to secure his or her attendance,
(iii) cannot reasonably be expected, having regard to the time that has elapsed since he or she supplied or acquired the information and to all the circumstances, to have any recollection of the matters dealt with in that information;
(b) all reasonable steps have been taken to identify the person who supplied the information but that he or she cannot be identified; or
(c) the identity of the person who supplied the information being known, all reasonable steps have been taken to find him or her but that he or she cannot be found.
(3) Subject to subsections (4), (5) and (6) where oral evidence in respect of a matter would be admissible in proceedings, a statement made in a document that was created or received by a person in the usual or ordinary course of business is admissible as evidence of the truth of its content in proceedings, upon production of the document.
(4) Nothing in this section renders admissible in evidence in any legal proceeding—
(a) such part of any record as is proved to be—
(i) a record made in the course of an investigation or inquiry,
(ii) a record made in the course of obtaining or giving legal advice or in contemplation of a legal proceeding,
(iii) a record in respect of the production of which any privilege exists and is claimed, or
(iv) a record of or alluding to a statement made by a person who is not, or if he or she were living and of sound mind would not be, competent and compellable to disclose in the legal proceeding a matter disclosed in the record;
(b) any record the production of which would be contrary to public policy or national security; or
(c) any transcript or recording of evidence taken in the course of another legal proceeding.
(5) Subsection (3) shall not apply to—
(i) an out of court statement made to a person in authority by a suspect or accused in the course of a criminal investigation,
(ii) materials created or received in the course of a criminal investigation.
(6) Where a computer generated document is tendered in evidence it shall not be admissible if—
(a) there are reasonable grounds for believing that the information contained in the computer generated document is inaccurate because of improper use of the computer or there are reasonable grounds to doubt the truth or reliability of the information; or
(b) there are reasonable grounds to believe that the computer was not operating properly at all material times and that the accuracy of the information contained in the computer generated document was affected by the circumstances.
(7) Evidence that a document was created or received in the usual or ordinary course of business may be adduced in the form of an affidavit.
(8) Copies of business documents, including computer generated information, micro fiche or other photograph images, are admissible in evidence in the same manner as if they were the original of the document.
(9) Where a business document which is admissible pursuant to subsection (3) requires clarification, an affidavit from a person qualified to provide the clarification is admissible in the same manner as the document.
(10) Upon application of a party or on its own motion, the court may order the examination or cross-examination of the maker of a statement contained in a document admitted in evidence under subsection (3), if it would otherwise prejudice the right of a person to a fair trial.
(11) Where the law in force in Saint Lucia provides for the use of a licence or other business, an affidavit of an officer of the business attesting to the fact that he or she has charge of the appropriate records and after careful search of those records he or she has been unable to find any record of a particular licence or document having been issued, shall be admitted in evidence as proof in the absence of evidence to the contrary that no licence or other document has been issued.
(12) Where evidence is offered by affidavit under subsections (7), (9) and (11) it is not necessary to prove the signature or official character of the person making the affidavit if the official character of that person is set out in the body of the affidavit.
(13) Nothing in this section affects the admissibility of any evidence that would be admissible apart from this section.