Evidence Act
Seychelles
evidence be tendered of a fact omitted from or not sufficiently set out in such notice of facts, or if such
lists or notice shall not have been filed or given within the time fixed by law, it shall not be lawful for
the court to reject the proof of such facts or refuse the witnesses offered merely on the ground that such
notice of facts, list or description of witnesses has not been served in time, provided the court is satisfied
that there has been no mala fides, but the court shall be at liberty to postpone the trial with such terms as
to costs, if any, as to the court may seem just:
Provided that the Republic shall not be condemned in costs in any criminal trial.
6.
Republic need not file list of witnesses in reply
It shall not be necessary for the Republic to file any list of witnesses to be called in reply to witnesses
for the defendant in any criminal trial; but when the Republic shall call any witnesses in reply it shall be
lawful for the court to allow the defendant to produce further evidence to rebut the witnesses heard in
reply.
7.
Copies of public documents admissible
At any trial the contents of any record, book, deed, map, plan or other document in the official custody of
the Supreme Court, the Registrar of Mortgages, the Land Registrar, or any Government department, of any
magistrate's or stipendiary court, or of any notary may be proved by means of a copy or extract certified
under the hand of the Registrar of the Supreme Court, the Registrar of Mortgages, the Land Registrar, the
chief clerk or head of such department, the magistrate's or stipendiary clerk, or of such notary as the case
may be, to be a true copy or extract. Such copy shall be admissible in evidence at any trial to the same
extent, and in the same manner as the original would but for this Act be admissible. Certificates that such
copies or extracts are true and purporting to be signed by the Registrar of the Supreme Court or other
person aforesaid shall in the absence of proof to the contrary be held to have been so signed.
8.
Custodians of public documents not to be summoned as witnesses except in certain
cases
No person having the official custody of such original documents as in section 7 mentioned shall be
subpoenaed or summoned to produce the same, nor shall they be admissible in evidence at any trial except
upon the order of a Judge of the Supreme Court. Such order shall only be made when it shall appear to
the Judge that the authenticity of the document itself is in question, or that the proof sought to be given
cannot be given by means of a copy or extract, and that the proof of such authenticity or such proof sought
to be given is material to the matter at issue; and in every such case the same fee shall, in addition to the
allowance to be paid for the attendance of the person so subpoenaed or summoned, be charged for the
production of such document as would have been payable for a copy or extract:
Provided always that any record of any court shall be admissible in evidence in the court to which its
custody belongs to the same extent and in the same manner as it would have been had this section not
been enacted.
9.
Privilege not affected
Nothing in this Act contained shall, except where there is an express provision to the contrary, be held in
any way to affect any right to refuse to produce any document or to answer any question on the ground of
privilege.
10.
Cross-examination on written statements of witness
Any witness may be cross examined at any trial as to previous statements made by him in writing or
reduced into writing relative to the subject matter of the trial, without such writing being shown to him,
or read; but if it is intended to contradict such witness by the writing his attention must, before such
contradictory proof can be given, be called to those parts of the writing which are to be used for the
purpose of so contradicting him:
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