South Australian Consolidated Acts South Australian Consolidated Acts34K—Admissibility of depositions at trial
(1) Where—
(a) a
statement from a witness is filed or tendered for the purpose of the
preliminary examination of a charge of an indictable offence or oral evidence
is taken from a witness at a preliminary examination; and
(b) the
witness subsequently dies or becomes so ill or infirm that he or she cannot
give evidence at the trial,
the record of the witness's evidence at the preliminary examination may, with
the permission of the court of trial, be read as evidence at the trial.
(2) Permission to
admit evidence for the prosecution under this section will not be granted if
the court considers that admission of the evidence without the opportunity of
cross-examination would, in the circumstances of the case, be unfair to the
defendant.