78Weight of evidence admitted under section 77

78 Weight of evidence admitted under section 77

(1) This section applies where evidence of a statement made by a person at an examination of the person is admitted under section 77 in a proceeding. (2) In deciding how much weight (if any) to give to the statement as evidence of a matter, regard shall be had to: (a) how long after the matters to which it related the statement was made; (b) any reason the person may have had for concealing or misrepresenting a material matter; and (c) any other circumstances from which it is reasonable to draw an inference about how accurate the statement is. (3) If the person is not called as a witness in the proceeding: (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time. (4) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.