Section 47:
consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
47. When depositions may be used as evidence
(1) Where on the trial of such accused person, it is proved that any
witness, whose deposition has been taken is dead or so ill as not to be able
to travel, or has left the Island of Mauritius and there are no reasonable
expectations of his speedy return, and also if it is proved that such deposition
was taken in presence of the accused and that he or his barrister or attorney
had a full opportunity of cross-examining the witness, then where such deposition purports to have been taken, it shall be lawful to read such deposition
[Issue 4] D13 – 12
Revised Laws of Mauritius
purports to have been taken, it shall be lawful to read such deposition as
evidence in such prosecution without further proof of it, unless it is proved
that the deposition was not in fact signed by the Magistrate purporting to
sign the same.
(2) This provision shall apply to the trial of an accused person by a Magistrate or an Intermediate Court for an offence within the jurisdiction of such
Magistrate or Intermediate Court.
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Questions this section answers
- If a witness has died or left Mauritius, can their earlier deposition still be used as evidence at my trial?