More video-link evidence coming - Evidence Act to be amended
May 14, 2007
Further amendments are to be made to the Evidence Act to make it easier to use modern technology in giving evidence in court proceedings. This will principally include live link (by television or otherwise) and computer-generated statements, and will apply to civil proceedings and criminal cases.
Live link technology will be used in cases where it is not practicable for the witness to attend the court proceedings in person, or where the witness is under 14 years of age or may be otherwise regarded as being vulnerable. This vulnerability might be related to the trauma or fear associated with testifying in open court, depending on certain factors.
The enabling bill, titled An Act to Amend the Evidence Act, was tabled in the Senate on Friday by A.J. Nicholson,Attorney-General and Minister of Justice.
In 2002, the Supreme Court Civil Procedures Rules were amended, permitting witnesses in civil proceedings to give evidence, without being present in the courtroom, through a video link or any other means. There is no provision, however, setting out the circumstances in which this technology may be utilised.
The amendment to the law will now make it clear what are the circumstances in which the technology might be used, but will leave it to the discretion of the court to decide when this form of evidence is accepted.
The use of live link technology will also be permitted when a foreign court requests that testimony be provided by this means from a witness located in Jamaica.
'Hearsay evidence'
Regarding computer-generated statements; there have been difficulties, with the courts being reluctant to accept such statements, in certain circumstances, because they are regarded as 'hearsay evidence'.
According to Senator Nicholson, these requirements have proved burdensome when computer-produced statements are to be tendered in evidence. He explained that to satisfy the courts in such circumstances, the expert testimony of an information technology official has to be taken.
The amendment to the legislation will repeal the provisions of the Evidence Act that require special proof of certain facts when tendering computer-generated evidence.
Instead, the courts will apply common law principles and presume that a computer is in proper working order. There will still be allowance, however, for this presumption to be rebutted by evidence to the contrary.
Author: Earl Moxam
Source: Jamaica Gleaner
