STATEMENTS
Under section 33(1), statements written or verbal, or relevant facts made
by a person who is dead are themselves relevant facts in case where the
statement is made by a person as to the cause of the death; when the statement
was made by such person in the ordinary course of business; etc. Such a
statement are deemed to be relevant only in a case where the pedigree to which
it relates is in issue, and not to a case in which it is only relevant to the
issue; it must be made by a declarant shown to be related by blood to the
person whom it relates, or by the husband or wife of such person – section 33(2).
A statement in accordance with
sections 290 and 291 or 319 of the CPA may afterwards be used in evidence on
the trial of any person accused of an offence to which the same relates, if the
person who made the statement be dead or the court be satisfied that for any
sufficient cause his attendance cannot be procured, and if reasonable notice
of, the intention to take such statement was served upon the person against
whom it is to be read in evidence and he had or might have had if he had chosen
to be present full opportunity of cross-examining the person making the same – section 35.
Section 36 provides that notwithstanding the provisions of this Act
or of any other law but subject as herein provided, where in the course of any
criminal trial, the court is satisfied that for any sufficient reason, the attendance
of the investigating police officer cannot be procured, the written and signed
statement of such officer may be admitted in evidence by the court if (a) the
defence does not object to the statement being admitted; and (b) the court
consents to the admission of the statement.
Any statement made by an accused
person at a preliminary investigation or at a coroner’s inquest may be given in
evidence – section 37.
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Victor C. Ezekiel Esq, has many years experience in providing legal
representation and advising clients across an exceptionally broad range of
contentious and non-contentious matters. His main goal is to help clients
resolve any contentious or non-contentious legal problem they are having
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