Section 13: Evidence

13. Evidence (1) For the purposes of this Act— (a) a certificate issued by or on behalf of the service authorities of a sending country, stating that, at a time specified in the certificate, a person so specified either was or was not a member of a visiting force or civilian component of that country or a dependant of such a member, shall, in any proceedings in a Court of Mauritius, be sufficient evidence of the fact so stated unless the contrary is proved; (b) a certificate issued by or on behalf of the service authorities of a sending country stating, as respects a person specified in the certificate— (i) that on a date so specified he was sentenced by a Service Court of that country to such punishment as is specified in the certificate; [Issue 1] V8 – 6 (ii) that he is, or was at a time so specified, detained in custody in pursuance of a sentence passed on him by a Service Court of that country or pending or during the trial by such a Court of a charge brought against him; or (iii) that he has been tried, at the time and place specified in the certificate, by a Service Court of that country for an offence so specified, shall, in any proceedings in any Court of Mauritius, be conclusive evidence of the facts so stated. (2) Where a person is charged with an offence against Mauritius law and at the time when the offence is alleged to have been committed, he was a member of a visiting force or a member of a civilian component of such a force, a certificate issued by or on behalf of the service authorities of the sending country, stating that the alleged offence, if committed by him, arose out of and in the course of his duty as a member of that force or component, as the case may be, shall in any such proceedings be sufficient evidence of that fact unless the contrary is proved. SCHEDULE [Section 10]