(2) Evidence may be given on the hearing of such an

application only with leave of the judge.

(3) The judge shall grant such leave only if it

appears to him, having regard to any matters stated in the

application for leave, that the evidence that is proposed

to be given bears on the issue of whether or not there is a

prima facie case.

(4) Where evidence is given in pursuance of leave

granted under subsection (2) the prosecutor or the accused

(as the case may be) shall be given full opportunity of

cross-examining the witness.

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