The Evidence (Documentary) Ordinance

190 Cap. 26] Evidence (Documentary) CHAPTER 26. EVIDENCE (DOCUMENTARY). ARRANGEMENT OF SECTIONS. SECTION.

CHAPTER 26. EVIDENCE (DOCUMENTARY). 41 or 1939. An Ordinance to Amend the Law of Evidence. Short title. Interpretation and savings. (25TH JANUARY, 1940.] 1. This Ordinance may be cited as the Evidence (Documentary) Ordinance, and shall apply to the Colony and Protectorate. 2. (1) In this Ordinance unless the context otherwise reqmres- " document" includes books, maps, plans, drawings and photographs; " statement " includes any representation of fact, whether made in words or otherwise; "proceedings" includes arbitrations, references and commissions of inquiry. (2) Nothing in this Ordinance shall- (a) prejudice the admissibility of any evidence which would apart from the provisions of this Ordinance be admissible; or (b) enable documentary evidence to be given as to any declaration relating to a matter of pedigree, if that declaration would not have been admissible as evidence if this Ordinance had not passed. Evidence (Documentary) [Cap. 26 191 ------------------------- 3. (1) In any civil proceedings where direct oral evidence of Afdmissibility ld b d . "bl d b o documenta fact WOU e a IlllSSl e, any statement rna e y a person ary evidence in a document and tending to establish that fact shall, on as to facts in issue. production of the original document, be admissible in evidence of that fact if the following conditions are satisfied, that is to say- (i) if the maker of the statement either- (a) had personal knowledge of the matters dealt with by the statement; or (b) where the document in question is or forms part of a record purporting to be a continuous record, made the statement (in so far as the matters dealt with thereby are not within his personal knowledge) in the performance of a duty to record information supplied to him by a person who had, or might reasonably be supposed to have, personal knowledge of those matters; and (ii) if the maker of the statement is called as a witness in the proceedings: Provided that the condition that the maker of the statement shall be called as a witness need not be satisfied if he is dead, or unfit by reason of his bodily or mental condition to attend as a witness, or if he is beyond the limits of Sierra Leone and it is not reasonably practicable to secure his attendance, or if all reasonable efforts to find him have been made without success. (2) In any civil proceedings, the Court may at any stage of the proceedings, if having regard to all the circumstances of the case it is satisfied that undue delay or expense would otherwise be caused, order that such a statement as is mentioned in sub-section (1) of this section shall be admissible as evidence or may, without any such order having been made, admit such a statement in evidence- (a) notwithstanding that the maker of the statement is available but is not called as a witness; (b) notwithstanding that the original document is not produced, if in lieu thereof there is produced a copy of the original document or of the material part thereof certified to be a true copy in such manner as may be specified in the order or as the Court may approve, as the case may be. (3) Nothing in this section shall render admissible as evidence any statement made by a person interested at a time when proceedings were pending or anticipated involving a dispute as to any fact which the statement might tend to establish. S.L.-VOL. I-17* Weight to be attached to evidence. Proof of instrument to validity of which attestation is necessary. Cap. 26] Evidence (Documentary) (4) For the purposes of this section, a statement in a document shall not be deemed to have been made by a person unless the document or the material part thereof was written, made or produced by him with his own hand, or was signed or initialled by him or otherwise recognised by him in writing as one for the accuracy of which he is responsible. (5) For the purpose of deciding whether or not a statement is admissible as evidence by virtue of the foregoing provisions, the Court may draw any reasonable inference from the form or contents of the document in which the statement is contained, or from any other circumstances and may, in deciding whether or not a person is fit to attend as a witness, act on a certificate purporting to be the certificate of a registered medical practitioner, and where the proceedings are with a jury, the Court may in its discretion reject the statement notwithstanding that the requirements of this section are satisfied with respect thereto, if for any reason it appears to it to be inexpedient in the interests of justice that the statement should be admitted. 4. (I) In estimating the weight, if any, to be attached to a statement rendered admissible as evidence by this Ordinance, regard shall be had to all the circumstances from which any inference can reasonably be drawn as to the accuracy or otherwise of the statement, and in particular to the question whether or not the statement was made contemporaneously with the occurrence or existence of the facts stated, and to the question whether or not the maker of the statement had any incentive to conceal or misrepresent facts. (2) For the purpose of any rule of law or practice requiring evidence to be corroborated or regulating the manner in which uncorroborated evidence is to be treated, a statement rendered admissible as evidence by this Ordinance shall not be treated as corroboration of evidence given by the maker of the statement. 5. Subject as hereinafter provided, in any proceedings, whether civil or criminal, an instrument to the validity of which attestation is requisite may instead of being proved by an attesting witness, be proved in the manner in which it might be proved if no attesting witness were alive: Provided that nothing in this section shall apply to the proof of wills or other testamentary documents. Evidence (Documentary) [Cap. 26 6. In any proceedings, whether civil or criminal, there shall, in the case of a document proved, or purporting, to be not less than twenty years old, be made any presumption which immediately before the commencement of this Ordinance would have been made in the case of a document of like character proved, or purporting, to be not less than thirty years old. 7. It is hereby declared that section 24 of the Courts Ordinance (which relates to the making of rules of Court) authorises the making of rules of Court providing for orders being made at any stage of any proceedings directing that specified facts may be proved at the trial by affidavit with or without the attendance of the deponent for cross-examination, notwithstanding that a party desires his attendance for cross-examination and that he can be produced for that purpose. Presumption as to documents twenty years old. Explanation of section 24 of Cap. 7.