Act No. 11, 1898.

Evidence.

PART IIA.	New Part added, Act No.35, 1954, s.2(b).
Admissibility of Documentary Evidence as to Facts in Issue in Civil Proceedings.	Heading amended, Act No.1, 1966, s.2(c).
14A. In this Part of this Act-	Interpretation.
“Court” means the court, judge, justice of the peace, arbitrator or person before whom proceedings are held or taken.	cf. 1 & 2 Geo. 6, c.28, s.6(1).
“Document” includes books, maps, plans, drawings and photographs.
“Proceedings” means any proceedings or inquiry in which evidence is or may be given, and includes an arbitration.
“Statement” includes any representation of fact, whether made in words or otherwise.
14B. (1) In any civil proceedings without a jury where direct oral evidence of a fact would be admissible, any statement made by a person in a document and tending to establish that fact shall, on production of the original document, be admissible as evidence of that fact if the following conditions are satisfied, that is to say-	Admissibility of documentary evidence as to facts in issue. cf. 1 & 2 Geo. 6, c.28, s.1.
(i) if the maker of the statement either-	New section added, Ibid.
(a) had personal knowledge of the matters dealt with by the statement; or
(b) where the document in question is or forms part of a record purporting to be a continuous record, made the statement (in so far as the matters dealt with thereby are not within his personal knowledge) in the performance of a duty to record information supplied to him by a person who had, or might reasonably be supposed to have personal knowledge of those matters; and
(ii) if the maker of the statement is called as a witness in the proceedings:
Provided that the condition that the maker of the statement shall be called as a witness need not be satisfied if he is dead, or unfit by reason of his bodily or mental condition to attend as a witness, or if he is beyond the seas and it is not reasonably practicable to secure his attendance, or if all reasonable efforts to find him have been made without success.
(2) In any civil proceedings without a jury, the court may at any stage of the proceedings, if having regard to all the circumstances of the case it is satisfied that undue delay or expense would otherwise be caused, order that such a statement as is mentioned in subsection one of this section shall be admissible as evidence or may, without any such order having been made, admit such a statement in evidence-
(a) notwithstanding that the maker of the statement is available but is not called as a witness;
(b) notwithstanding that the original document is not produced, if in lieu thereof there is produced a copy of the original document or of the material part thereof certified to be a true copy in such manner as may be specified in the order or as the court may approve, as the case may be.
(3) Nothing in this section shall render admissible as evidence any statement made by a person interested at a time when proceedings were pending or anticipated involving a dispute as to any fact which the statement might tend to establish.
(4) For the purposes of this section, a statement in a document shall not be deemed to have been made by a person unless the document or the material part thereof was written, made or produced by him with his own hand, or was signed or initialled by him or otherwise recognised by him in writing as one for the accuracy of which he is responsible.
(5) For the purpose of deciding whether or not a statement is admissible as evidence by virtue of the foregoing provisions of this section, the court may draw any reasonable inference from the form or contents of the document in which the statement is contained, or from any other circumstances, and may, in deciding whether or not a person is fit to attend as a witness, act on a certificate purporting to be the certificate of a legally qualified medical practitioner.
14C. (1) In estimating the weight, if any, to be attached to a statement rendered admissible as evidence by this Part of this Act, regard shall be had to all the circumstances from which any inference can reasonably be drawn as to the accuracy or otherwise of the statement, and in particular to the question whether or not the statement was made contemporaneously with the occurrence or existence of the facts stated, and to the question whether or not the maker of the statement had any incentive to conceal or misrepresent facts.	Weight to be attached to evidence. cf. 1 & 2 Geo. 6, c.28, s.2. New section added, Act No.35, 1954m s.2(b).
(2) For the purpose of any rule of law or practice requiring evidence to be corroborated or regulating the manner in which uncorroborated evidence is to be treated, a statement rendered admissible as evidence by this Part of this Act shall not be treated as corroboration of evidence given by the maker of the statement.
PART IIB.
Admissibility of Documentary Evidence as to Facts in Issue in Criminal Proceedings.	New part addded, Act No.1, 1966, s.2(d).
14CA. In this Part of this Act-	Interpretation.
“Business” includes any public transport, public utilit) or similar undertaking carried on by the Crown oi a statutory body representing the Crown within the meaning of the Local Government Act, 1919, as amended by subsequent Acts, or a municipal, shire or county council within the meaning of that Act, as so amended.	New section added, Ibid.
“Court” means the court, judge, justice or person before whom proceedings are taken or held.
“Document” includes any device by means of which information is recorded or stored.
“Statement” includes any representation of fact, whether made in words or otherwise.
14CB. (1) In any criminal proceedings, the hearing of which commences after the commencement of the Evidence (Amendment) Act, 1966, where direct oral evidence of a fact would be admissible, any statement contained in a document and tending to establish that fact shall on production of the document, be admissible as evidence of that fact if-	Admissibility of certain documentary evidence in criminal proceedings. New section added, Ibid.
(a) the document is, or forms part of, a record relating to any trade or business and compiled, in the course of that trade or business, from information supplied (whether directly or indirectly) by persons who had, or may reasonably be supposed to have had, personal knowledge of the matters dealt with in the information they supplied; and
(b) the person who supplied the information recorded in the statement in question is dead, or beyond the seas, or unfit by reason of his bodily or mental condition to attend as a witness, or cannot with reasonable diligence be identified or found, or cannot reasonably be expected (having regard to the time which has elapsed since he supplied the information and to all the circumstances) to. have any recollection of the matters dealt with in the information he supplied.
(2) For the purpose of deciding whether or not a statement is admissible as evidence by virtue of this section, the court may draw any reasonable inference from the form or content of the document in which the statement is contained, or from any other circumstances, and may, in deciding whether or not a person is fit to attend as a witness, act on a certificate purporting to be a certificate of a legally qualified medical practitioner.
14CC. In estimating the weight, if any, to be attached to a statement admissible as evidence by this Part of this Act, regard shall be had to all the circumstances from which any inference can reasonably be drawn as to the accuracy or otherwise of the statement, and in particular to the question whether or not the person who, suplied the information recorded in the statement did so contemporaneously with the occurrence or existence of the facts stated, and to the question whether or not that person, or any person concerned with making or keeping the record containing the statement, had any incentive to conceal or misrepresent the facts.	Weight to be attached to evidence. New section added, Act No.1, 1966, s.2(d).