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
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