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Depositions.
Questions by sccused.
Signature of deposition.
Witness dead or ill.
Variance of evidence.
How to be taken.
Confession.
Examination of this kind not public.
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RULES OF SUPREME COURT
Preliminary Examination.
291. Where the accused comes before the Court on summons or warrant, or otherwise, the Court, before committing him to prison for trial, or admitting him to bail, shall, in his presence, take the deposi. tions on oath (Form 39.) of those who know the facts and circumstances of the case, and shall put the same in writing.
292. The accused shall be at liberty to put questions to any wit- ness produced against him, and the statements of any witness in answer thereto shall form part of that witness' deposition.
293. The deposition of each witness shall be read over to the witness, and shall be signed by him.
294. If on the trial of the accused it is proved on oath that any person whose deposition has been taken is dead or is so ill as not to be able to travel, and that his deposition was taken in the presence of the accused, and that he or his counsel or attorney cross-examined or bad full opportunity of cross-examining the witness, the deposition may be read as evidence in the prosecution without further proof thereof.
295. No objection at the preliminary examination to any charge, summons, or warrant, for any defect in substance or form, or for any variance between it and the evidence adduced on the part of the pro- secution, shall be allowed: but if any variance appears to the Court to be such that the accused has been thereby deceived or misled, the Court may, on the request of the accused, adjourn the examination, and in the meantime remand the accused or admit him to bail.
Statement of Accused.
296. After the examination of all the witnesses on the part of the prosecution is completed, the Court shall without requiring the atten- dance of the witnesses, read over to the accused the depositions taken against him, and shall then say to him these words:-
"Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so, but whatever you say will be taken down in writing, and may be given in evidence against you on your trial. And I give you clearly to understand that you have nothing to hope from any promise of favour, and nothing to fear from any threat, that may have been held out to you to induce you to make any admission or confession of your guilt; but whatever you now say may be given in evidence against you upon your trial, notwithstanding such promise or threat.'
"
Whatever the accused then says in answer thereto shall be taken down in writing (Form 40.) and shall be read over to him, and shall. be kept with the depositions of the witnesses, and afterwards, on the trial of the accused the same may be given in evidence against him without further proof thereof.
297. Nothing in the foregoing Rules, however, is to prevent the prosecutor from giving in evidence any admission or confession or other statement of the accused made at any time, which would, by law be admissible as evidence against him.
Publicity.
298. The room or place in which the preliminary examination is held is not an open or public Court for that purpose; and the Court may, in its discretion, in case it appears to it that the ends of justice will be best answered by so doing, order that no person have access to, or be, or remain in, the room or place without the special permission. of the Court.
Digitized by
Page 363 Page 363
Page 363 Page 363