7Examination of witness outside State

### 7 Examination of witness outside State > > (1)  In this section – > > > > > ***Supreme Court*** means that Court except when exercising federal jurisdiction. > > > (2)  The Supreme Court, in any civil or criminal proceeding before it, if it appears in the interests of justice to do so and on the application of a party to the proceedings, may make, in relation to a person outside the State, an order – > > > > > > (a) for the examination of the person on oath or affirmation at any place outside the State before a judge of the Supreme Court, an officer of the Supreme Court or any other person the Supreme Court may appoint; or > > > > > > > (b) for the issue of a commission for the examination of the person on oath or affirmation at any place outside the State; or > > > > > > > (c) for the issue of a letter of request to the judicial authorities of a place outside the State to take, or to cause to be taken, the evidence of the person. > > > (3)  In determining if it is in the interests of justice to make an order under [subsection (2)](#GS7@Gs2@EN) in relation to the taking of evidence of a person, the matters to which the Supreme Court is to have regard include the following matters: > > > > > > (a) whether the person is willing or able to come to the State to give evidence in the proceeding; > > > > > > > (b) whether the person is able to give evidence material to any issue to be tried in the proceeding; > > > > > > > (c) whether, having regard to the interests of the parties to the proceeding, justice is better served by granting or refusing the order. > > > (4)  If the Supreme Court makes an order under [subsection (2)(a)](#GS7@Gs2@Hpa@EN) or [(b)](#GS7@Gs2@Hpb@EN) , it may, at the time of the making of the order or at a subsequent time, give any directions it thinks just relating to – > > > > > > (a) the procedure to be followed in and in relation to the examination; and > > > > > > > (b) the time, place and manner of the examination; and > > > > > > > (c) any other matter it considers relevant. > > > (5)  If the Supreme Court makes an order under [subsection (2)(c)](#GS7@Gs2@Hpc@EN) in relation to the taking of evidence of a person in a proceeding, it may include in the order a request as to any matter relating to the taking of that evidence, including any of the following matters: > > > > > > (a) the examination, cross-examination or re-examination of the person, whether the evidence of the person is given orally, upon affidavit or otherwise; > > > > > > > (b) the attendance of the legal representative of each party to the proceeding and the participation of those persons in the examination in appropriate circumstances; > > > > > > > (c) any prescribed matter. > > > (6)  The Supreme Court, on any terms it considers fit, may permit a party to the proceeding to tender as evidence in the proceeding the evidence of a person taken in an examination held as a result of an order made under [subsection (2)](#GS7@Gs2@EN) or a record of that evidence. > > > (7)  Evidence of a person tendered under [subsection (6)](#GS7@Gs6@EN) is not admissible if – > > > > > > (a) it appears to the satisfaction of the Supreme Court at the hearing of the proceeding that the person is in the State and is able to attend the hearing; or > > > > > > > (b) the evidence would not have been admissible had it been given or produced at the hearing of the proceeding. > > > (8)  If it is in the interests of justice to do so, the Supreme Court may exclude from the proceeding evidence taken in an examination held as a result of an order made under [subsection (2)](#GS7@Gs2@EN) , notwithstanding that it is otherwise admissible. > > > (9)  The power vested in the Supreme Court under [subsection (2)](#GS7@Gs2@EN) may be exercised in chambers. > > > (10)  In this section, a reference to evidence taken in an examination includes a reference to – > > > > > > (a) a document produced at the examination; and > > > > > > > (b) answers made, whether in writing, or orally and reduced to writing, to any written interrogatories presented at the examination.