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Section 59

Admissibility of statements in evidence

of Sewerage Services Enactment 2017

State EnactmentIn forceProvision 59 of 73
Section 59
(1)

Except as provided in this section, no statement made by any person to an enforcement officer in the course of an investigation under this Enactment shall be used in evidence.

(2)

When any witness is called for the prosecution or for the defence, other than the accused, the court shall, on the request of the accused or the prosecutor, refer to any statement made by that witness to the enforcement officer in the course of the investigation under this Enactment and may then, if the court thinks fit in the interest of justice, direct the accused to be furnished with a copy of it and the statement may be used to impeach the credit of the witness in the manner provided by the Evidence Act 1950 [Act 56].

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(3)

Where the accused had made a statement during the course of an investigation, such statement may be admitted in evidence in support of his defence during the course of the trial.

(4)

Nothing in this section shall be deemed to apply to any statement made in the course of an identification parade or falling within section 27 or paragraph 32(1)(a),(i) and

(j)

of the Evidence Act 1950 [Act 56].

(5)

When any person is charged with any offence in relation to –

(a)

the making; or

(b)

the contents, of any statement made by him to the enforcement officer in the course of an investigation made under this Enactment, that statement may be used as evidence in the prosecution's case.