Section 60: Evidence in relation to banker’s books

60. Evidence in relation to banker’s books (1) Notwithstanding any other enactment, a copy of any entry in a banker’s books shall be prima facie evidence of such entry and of the matters, transactions and accounts recorded where— (a) the book was, at the time the entry was made, one of the ordinary books of the bank; (b) the entry was made in the usual course of the business of the bank; (c) the book is in the custody of the bank; and (d) the copy of the entry is certified by a responsible person to have been compared with, and is a correct copy of, the original entry. (2) No director or senior officer, employee or agent of a bank shall, in any proceedings to which the bank is not a party, be compelled to produce any banker’s book, the contents of which can be proved under subsection (1), or to appear as a witness to prove the matters, transactions and accounts recorded except by order of a Judge in Chambers or any Court and on good cause shown. (3) A Judge in Chambers or any Court may, on the application of any party to legal proceedings, order that such party be permitted to obtain copies of any entry in a banker’s book where such entry is material to the proceedings. (4) Any application made under subsection (3) shall be served on the bank in respect of whose banker’s books the application is made. (5) For the purposes of this section, “banker’s books” includes ledgers, day books, cash books, account books, records, financial statements or other documents used in the ordinary course of business of a bank, whether all these are in written form or are kept on microfilm, magnetic tape, or any other form of mechanical or electronic data retrieval mechanism.