Evidence Act
(8)
15.
Seychelles
Where in a civil trial a party desiring to give a statement in evidence by virtue of this section has
called or intends to call as a witness in the trial the person who originally supplied the information
from which the record containing the statement was compiled, the statement
(a)
shall not be given in evidence by virtue of this section on behalf of that party without the
leave of the court; and
(b)
without prejudice to paragraph (a), shall not, without the leave of the court, be given
in evidence by virtue of this section on behalf of that party before the conclusion of the
examination in chief of the person who originally supplied the information.
(9)
Nothing in this section affects the admissibility of a document where the document is tendered
otherwise than for the purpose of proving a fact stated in it.
(10)
This section does not apply to a document to which section 15 applies
Documentary evidence from computer records
(1)
(2)
In any trial, a statement contained in a document produced by a computer shall be admitted as
evidence of any fact stated therein of which direct oral evidence would be admissible, if it is shown
that
(a)
the computer was used to store, process or retrieve information for the purposes of any
activities carried on by any body or person;
(b)
the information contained in the statement reproduces or is derived from information
supplied to the computer in the course of these activities; and
(c)
while the computer was so used in the course of those activities
(i)
appropriate measures were in force for preventing unauthorized interference with the
computer; and
(ii)
the computer was operating properly or, if not, that any respect in which it was not
operating properly or was out of operation, was not such as to affect the production of
the document or the accuracy of its contents.
Notwithstanding subsection (1) and subject to subsection (3), a statement contained in a document
produced by a computer used over any period to store, process or retrieve information for the
purposes of any activities (hereinafter referred to as the "relevant activities") carried on over that
period shall be admitted in any trial as evidence of any fact stated therein of which direct oral
evidence would be admissible if
(a)
it is shown that no person, other than, in the case of a criminal trial, an accused in respect
of an offence to which the statement relates, who occupied a responsible position during
that period in relation to the operation of the computer or the management of the relevant
activities
(i)
can be found; or
(ii)
if found, is willing or able to give evidence relating to the operation of the computer
during that period;
(b)
the document was so produced under the direction of the person having practical knowledge
of and experience in the use of computers as a means of storing, processing or retrieving
information; and
(c)
at the time that the document was so produced the computer was operating properly or, if
not, any respect in which it was not operating properly or was out of operation, was not such
as to affect the production of the document or the accuracy of its contents.
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