Revised Laws of Saint Lucia (2021)

5.   Evidence

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    (1)   The Commissioner may summon before him or her and examine on oath—

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      (a)     any person who is an officer or employee or member of any department or authority to which section 112 of the Constitution applies; and who in the Commissioner's opinion is able to give any relevant information;

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      (b)     any complainant; or

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      (c)     any other person who in his or her opinion is able to give information relevant to his or her inquiry.

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    (2)   Every such examination by the Commissioner shall be deemed to be a judicial proceeding for the purposes of Part 4 of the Criminal Code (which relates to perjury and other offences).

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    (3)   A person who is bound, by virtue of any enactment to maintain secrecy in relation to, or not to disclose, any matter shall not be required to supply any information to or answer any questions put by the Commissioner in relation to such matter, or to produce to the Commissioner any document or paper or thing relating thereto, if compliance with that requirement would be in breach of the obligation of secrecy or non-disclosure.

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    (4)   Subject to the provisions of the Constitution and of subsection (3), any person employed in a Government department or a statutory authority may be required by the Commissioner to supply any information or answer any question or produce any document or paper or thing relating to an investigation undertaken by the Commissioner, and it shall be the duty of such person to comply with that requirement.

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    (5)   Subject to the provisions of subsection (3) every person appearing before the Commissioner shall have the like privileges in relation to the tendering of information, the answering of questions, and the production of documents and papers and things, as are accorded to such witnesses in any court.

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    (6)   Except on the trial of a person for an offence under Part 4 of the Criminal Code in respect of his or her sworn testimony, or for an offence under section 10, a statement made or answer given by any person in the course of an inquiry by, or proceedings before, the Commissioner under the Constitution or under this Act is not admissible in evidence against such person in any court or at any inquiry or in other proceedings before the Commissioner.

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    (7)   A person is not liable to prosecution for an offence under any enactment dealing with official secrecy, by reason of his or her compliance with the requirements of the Commissioner under this section.