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. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 7