129Right of defendant to have third person before court

129 Right of defendant to have third person before court (1) A defendant charged with an offence against this Act who alleges that the contravention constituting the offence was caused by the act or omission of someone else (the other person) may, in accordance with subsection (2), have the other person brought before the court hearing the charge. (2) The defendant must— (a) give the informant (the original informant) and the court written notice at least 7 days before the return date of the summons (the original summons) issued to the defendant of the defendant’s intention to have the other person brought before the court; and (b) include in the notice particulars of the defendant’s claim that the contravention was caused by the act or omission of the other person and that the defendant took all reasonable precautions and exercised all appropriate diligence to prevent the commission of the offence by the other person; and (c) lay an information against the other person for an offence against this Act. (3) The court must— (a) issue a summons directed to the other person requiring the other person to appear before the court on the date and at the time and place stated in the summons (the other summons); and (b) order that a copy of the information laid against the defendant be served on the other person. (4) If the date stated in the later summons is not the return date for the original summons, the court must— (a) adjourn the hearing of the charge against the defendant to the return date of the later summons; or

(b) adjourn the hearing of the charges against both the defendant and the other person to a later date and notify the parties accordingly. (5) On the hearing of the charges, the original informant and the other person— (a) if the defendant gives evidence—may cross-examine the defendant; and (b) may cross-examine any witness called by the defendant; and (c) may call evidence in rebuttal. (6) The court— (a) may convict only the other person if the contravention of the Act is proved and the defendant satisfies the court that the contravention was caused by the act or omission of the other person; and (b) must dismiss the charge against the defendant if, in addition to satisfying the court that the contravention was caused by the act or omission of the other person, the defendant satisfies the court that the defendant took all reasonable precautions and exercised all appropriate diligence to prevent the commission of the offence by the other person. (7) This section does not prevent the court from— (a) convicting either the defendant or the other person or both; or (b) ordering that the proceeding against the other person be heard separately if the court considers that it is necessary in the interests of justice to do so. (8) If the other person is not found guilty of an offence against this Act, the court must order the defendant to pay the costs of the other person or, if the court considers that it would be unjust to make such an order, the court may order the defendant to pay the part of the costs of the other person that the court considers appropriate.