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bruneilawsby aturio
In force1984 Revised Edition
Contents

Part 7

159. Evidence

(1)

The Court of Appeal may —

(a)

order the production of any document, exhibit or other thing connected with the proceedings the production of which appears to them necessary for the determination of the case;

(b)

order any witness who would have been a compellable witness at the trial to attend for examination and be examined before the court, whether or not he was called at the trial; and

(c)

receive the evidence, if tendered, of any witness.

(2)

Without prejudice to the generality of subsection (1), where evidence is tendered to the Court of Appeal under that subsection, the court shall, unless they are satisfied that the evidence if received would not afford any ground for allowing the appeal, exercise their power under that subsection of receiving it if —

(a)

it appears to them that the evidence is likely to be credible and would have been admissible at the trial on an issue which is the subject of the appeal; and

(b)

they are satisfied that it was not adduced at the trial, but that there is a reasonable explanation of the failure to adduce it.

(3)

Subsection (1)(c) applies to any witness (including the appellant) who is competent but not compellable, and applies also to the appellant’s husband or wife where the appellant makes an application for that purpose and the evidence of the husband or wife could not have been given at the trial except on such an application.

(4)

The Court of Appeal may order the examination of any witness whose attendance may be required under subsection (1)(b) to be conducted

Royal Brunei Armed Forces in the prescribed manner before any judge of the court or before any other person appointed by the court for the purpose, and allow the admission of any depositions so taken as evidence before the court.

Report

Read on from s 160

Part 8

Read on from Part 8

Part 9

Read on from Part 9

Schedules