Section 163:

163. Witnesses’ depositions—On his trial for embezzlement before the District Court, the appellant who was not assisted by Counsel, had asked for communication of the statements given to the Police by the prosecution witnesses. The Magistrate had turned down the request. HELD there had been no breach of the applicant’s constitutional right to a fair trial under section 10 of the Constitution. Statements by witnesses for the prosecution are not usually communicated to the defence in trials before the District Courts (as opposed to before the Intermediate Court). However, in appropriate cases before a District Court, the DPP would allow the defence access to original statements upon good reasons being shown. Merely asking for communication of those statements, as was done by the appellant, would not constitute “good reasons”. Appellant also had to demonstrate [Issue 1] CON – 208 Revised Laws of Mauritius that the trial would otherwise be unfair or that the conduct of the defence would be impeded if the statements were not made available. Nirsimloo v State (2000).