Criminal Procedure and Evidence Act Zimbabwe shall be lawful to read such statement in evidence either for or against the accused without further proof thereof— (a) if the same purports to be signed by the magistrate by or before whom it purports to be taken; and (b) if it is proved to the satisfaction of the court that reasonable notice of the intention to take such statement has been served upon the person, whether prosecutor or accused, against whom it is proposed to be read in evidence and that such person or his legal representative had or might have had, if he had chosen to be present, full opportunity of cross-examining the person who made the same. 255. Admissibility in criminal cases of evidence of absent witnesses in certain circumstances (1) The evidence of any witness— (a) given at a former criminal trial of an accused on the same or a different charge and recorded in a document purporting— (i) to be a transcript of the original record of the said evidence; and (ii) to have been certified as correct under the hand of the person who transcribed it; or (b) whose deposition has been verified in terms of section 115A; shall, subject to subsection (2), be admissible in evidence on the trial of the accused for any offence. (2) The evidence of a witness referred to in subsection (1) shall not be admissible unless— (a) it is proved on oath to the satisfaction of the court that the witness— (i) is dead or is incapable of giving evidence, or that he or she is too ill to attend; or (ii) is kept away from the trial by the means and contrivance of the accused; or (iii) cannot be found after diligent search, or cannot be compelled to attend; or (iv) is an expert witness whose evidence is given in his or her capacity as an expert witness, and that the nature of the witness’s professional commitments is such as to render it impossible to secure his or her attendance at the trial on any given day; and that the evidence is the same that was given at the previous criminal trial or at the conference referred to in section 115A, as the case may be, without any alteration; and (b) (3) it appears on the record or is proved to the satisfaction of the court that the accused, personally or by his or her legal representative, had a full opportunity of cross-examining the witness, even if the accused or his or her legal representative, did not avail himself or herself of that opportunity. Where is proved on oath to the satisfaction of the court that any witness, other than one whose deposition was verified as mentioned in subsection (1)(b)— (a) is dead or incapable of giving evidence, or is too ill, to attend; or (b) has been kept away from the trial by the means and contrivance of the accused; or (c) cannot be found after diligent search or cannot be compelled to attend; or By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 100