Revised Laws of Saint Lucia (2021)

96.   Exception: rebutting denials by other evidence

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    (1)   Where evidence that a witness—

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      (a)     is biased or has a motive to be untruthful;

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      (b)     has been convicted of an offence, including an offence against the law of a foreign country; or

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      (c)     made a prior inconsistent statement,

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    is adduced, otherwise than from the witness, the credibility rule does not prevent the admission or use of the evidence if the witness has denied the substance of the evidence.

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    (2)   Where evidence that a witness—

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      (a)     is or was unable to be aware of matters to which his or her evidence relates; or

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      (b)     knowingly or recklessly made a false representation while under an obligation imposed by or under a law, including a law of a foreign country, to tell the truth,

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    is adduced, otherwise than from the witness, the credibility rule does not prevent the admission or use of the evidence if the circumstances set out in subsection (3) exist.

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    (3)   The circumstances referred to in subsection (2) are as follows—

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      (a)     that the witness has denied the substance of the evidence; and

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      (b)     that the court has given leave to adduce the evidence.