EVIDENCE ACT 1906 - SECT 79E

EVIDENCE ACT 1906 - SECT 79E

79E .         Qualified person, evidence as to credibility of

                Where in any proceedings a statement is admitted as evidence under section 79C but the qualified person is not called as a witness in the proceedings —

            (a)         any evidence —

                  (i)         which, if that person had been so called, would have been admissible for the purpose of destroying or supporting his credibility as a witness shall be admissible for that purpose in those proceedings; or

                  (ii)         tending to prove that, whether before or after that person made that statement, he made another statement (whether orally or in a document or otherwise) inconsistent therewith shall be admissible for the purpose of showing that he has contradicted himself,

                but nothing in subparagraph (i) or (ii) shall enable evidence to be given of any matter of which, if the person in question had been called as a witness and had denied that matter in cross-examination, evidence could not have been adduced by the cross-examining party; and

            (b)         any evidence proving that that person has been guilty of any indictable offence shall be admissible in the proceedings to the same extent as if he had been so called and on being questioned as to whether or not he had been convicted of an indictable offence had denied the fact or had not admitted the fact or had refused to answer the question.

        [Section 79E inserted: No. 66 of 1987 s. 5.]