27/03/1953

OF CRIMINAL APPEAL (INFERIOR)

CAMILLERI LUIGI A., MONTANARO GAUCI A.J., GOUDER TANCRED

HIS MAJESTY THE KING vs RICHARD VIVIAN DUDLEY BEAUMONT

N/A

-

N/A

EVIDENCE - EXHIBIT - SEC. 11 EVIDENCE ACT 1851 - SEC. 582 CHAPTER 15 - SEC. 641 CHAPTER 12 - WRITTEN STATEMENT

It is a well settled, and almost elementary, rule of law, that a witness must not read out his evidence from a written statement. The rule is that evidence must be "viva voce"; and a witness is onlyallowed to refresh his memory by referring to a writing under the conditions laid down in the law.Consequently, the evidence taken before the Enquiring Magistrate consisting in the reading out of awritten report made by the witness, is null and void; and is not admissible as evidence. A documentissued by the London Criminal Records Officer is admissible as evidence if it is signed by the responsible officer of the Office, or if it is furnished with the seal or stamp of the Office, without the necessity of any proof of the signature, or seal or stamp, or of the official character of the person signing it. If it is not so signed, or stamped or sealed, it is not admissible as evidence.