B6
CAP. 342]
Customs and Excise Service (Discipline) Rules
[1989 Ed.
[Subsidiary]
8.
(d) of any statement relating to the charge made by any person, other than a witness to be called in support of the charge, to the Commissioner or to any person on his behalf, and the person's name and address.
Procedure
(1) The officer charged shall attend at the place of hearing at the time of which notice has been given.
(2) The charge shall be read to the officer charged who may change his plea.
(3) If the officer charged pleads guilty such plea shall be entered on the record and he shall be asked if he wishes to make a statement; and he may then make a statement, which shall be recorded, or may hand in a statement of matters which he desires to be taken into consideration.
(4) If an officer charged has pleaded not guilty to any charge, the prosecutor may make an address setting out generally the facts of the case and may call witnesses in support of the charge; and on the conclusion of the evidence of each witness the officer charged, or the officer defending him, may cross-examine the witness and thereafter the witness may be re-examined.
(5) The evidence of a witness may be taken by reference to a written statement made by him which may be amended or added to by the witness at the hearing.
(6) When the examination of all witnesses in support of the charge has been completed the officer charged or the officer defending him may address the Commissioner only for the purpose of showing that no prima facie case has been established; and if it appears to the Commissioner that there is a prima facie case the officer charged shall be asked whether he wishes to give evidence, and whether he wishes to call witnesses.
(7) If the officer charged gives evidence, he may be cross-examined and re-examined and such witnesses as he desires to call may be examined, cross-examined and re-examined.
(8) At the conclusion of all the evidence the prosecutor may address the Commissioner and thereafter the officer charged or the officer defending him may make an address in reply. (L.N. 42 of 1986)
(9) Any exhibit produced by a witness shall be available for inspection by the officer charged, the officer defending him and the prosecutor.
(10) The Commissioner shall be entitled to ask such questions of any witness as he considers will assist in determining the issues raised and may call such witnesses at any time as he considers may be able to assist in the determination of the issues.
(11) The hearing of the case may be adjourned from time to time as may appear necessary for the proper determination of the proceedings.