Evidence Act (3) 14. Seychelles This section shall not apply to any record compiled in connexion with any criminal trial or with any investigation relating or leading to any criminal trial. Evidence from documentary records (1) (2) Subject to this section, a statement contained in a document shall be admissible in any trial as evidence of any fact stated therein of which direct oral evidence would be admissible if (a) the document is or forms part of a record compiled by a person acting under a duty from information supplied by a person, whether acting under a duty or not, who had, or may reasonably supposed to have had, personal knowledge of the matters dealt with in that information; and (b) the person who supplied the information (i) is dead or by reason of his bodily or mental condition unfit to attend as witness; (ii) is outside the Republic and it is not reasonably practicable to secure his attendance; (iii) cannot be identified and all reasonable steps have been taken to identify him; (iv) his identity being known, cannot be found and all reasonable steps have been taken to find him; (v) cannot reasonably be expected, having regard to the time which has elapsed since he supplied or acquired the information and to all the circumstances, to have any recollection of the matters dealt with in that information; or (vi) having regard to all the circumstances of the case, cannot be called as a witness without his being so called being likely to cause undue delay or expense. Subsection (1) applies (a) whether the information contained in the document was supplied directly or indirectly, but if it was supplied indirectly, only if each person through whom it was supplied was acting under a duty; and (b) whether or not the person compiling the record is himself the person by whom the information is supplied. (3) A statement made in connection with a criminal trial or with an investigation relating or leading to a criminal trial shall not be admissible under this section in a criminal trial. (4) Subject to subsection (5), where in any trial a statement based on information supplied by any person is given in evidence under this section (a) any evidence which, if that person had been called as a witness, would have been admissible as relevant to his credibility as a witness shall be admissible for that purpose in the trial; and (b) evidence tending to prove that that person has, whether before or after supplying the information, made a statement, whether oral or otherwise, which is inconsistent with it shall be admissible for the purpose of showing that he had contradicted himself. (5) Nothing in subsection (4) shall enable evidence to be given of any matter of which, if the person in question had been called as a witness, could not have been adduced by the cross examining party. (6) A statement which is admissible under this section shall not be capable of corroborating evidence given by the person who supplied the information on which the statement is based. (7) In deciding for the purposes of subsection (1)(b)(i) whether a person is fit to attend as a witness the court may act on a certificate purporting to be signed by a medical practitioner. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 6