Commonwealth Numbered Acts

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EVIDENCE ACT 1995 No. 2 of 1995 - SECT 43

Prior inconsistent statements of witnesses
43. (1) A witness may be cross-examined about a prior inconsistent statement
alleged to have been made by the witness whether or not:

   (a)  complete particulars of the statement have been given to the witness;
        or

   (b)  a document containing a record of the statement has been shown to the
        witness.

(2) If, in cross-examination, a witness does not admit that he or she has made
a prior inconsistent statement, the cross-examiner is not to adduce evidence
of the statement otherwise than from the witness unless, in the
cross-examination, the cross-examiner:

   (a)  informed the witness of enough of the circumstances of the making of
        the statement to enable the witness to identify the statement; and

   (b)  drew the witness's attention to so much of the statement as is
        inconsistent with the witness's evidence.

(3) For the purpose of adducing evidence of the statement, the party may
re-open the party's case. 


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