The purpose of the Bill is to amend Part II of the Evidence Act, Chap. 7:02, to allow the State to admit into evidence hearsay evidence in documentary form in any criminal proceedings, including a preliminary enquiry. First, where the only or best evidence of the criminal conduct of a person is in documentary form and the document was obtained by the Central Authority under the Mutual Assistance in Criminal Matters Act, 1997 (Act No. 39 of 1997) it may be admitted into evidence. Secondly, the written statement of a person may be admitted into evidence if his absence is due to certain circumstances. The admissibility of such documentary evidence would be subject to the overriding common law discretion of the court to exclude it in the interest of justice.
The Bill requires a simple majority.
