CHAPTER 11:24
MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT
PART VI
MISCELLANEOUS
35. Proof.
(1) In any relevant proceedings—
(a) a document that is duly authenticated is admissible in evidence; and
(b) a relevant certificate shall be received as conclusive proof of the matters certified in the certificate.
(2) A document is duly authenticated for the purposes of subsection (1)(a) if it purports to be—
(a) signed or certified by a judge or magistrate of a Commonwealth country making a request;
(b) authenticated by the oath of a witness, or of a public officer of a Commonwealth country making a request; or
(c) sealed with an official or public seal of a Minister or of a department or public office of the Government, of such a country; or
(d) proved by an affidavit sworn, or statutory declaration made, before a commissioner or person authorised to take affidavits or statutory declarations in such country.
(3) Nothing in this section operates to prevent the proof of any matter, or the admission of any document, in accordance with the written laws of Trinidad and Tobago.
(4) In this section— “relevant certificate” means a certificate given—
(a) by the central authority for a Commonwealth country for the purpose of criminal proceedings instituted in or property derived or obtained from a serious offence in that country;
(b) by the Attorney General of a Commonwealth country for the purposes of section 29(1)(a), 31(1)(a) or paragraph 8(d) of the First Schedule; or
(c) by the Attorney General for the purposes of section 34; “relevant proceedings” means a proceeding under or pursuant to this or any other Act arising directly or indirectly from a request for assistance under this Act made by a Commonwealth country.
1. Before testifying, each witness shall, in accordance with the Rules of Procedure and Evidence, give an undertaking as to the truthfulness of the evidence to be given by that witness.
2. The testimony of a witness at trial shall be given in person, except to the extent provided by the measures set forth in article 68 or in the Rules of Procedure and Evidence. The Court may also permit the giving of viva voce (oral) or recorded testimony of a witness by means of video or audio technology, as well as the introduction of documents or written transcripts, subject to this Statute and in accordance with the Rules of Procedure and Evidence. These measures shall not be prejudicial to or inconsistent with the rights of the accused.
3. The parties may submit evidence relevant to the case, in accordance with article 64. The Court shall have the authority to request the submission of all evidence that it considers necessary for the determination of the truth.
4. The Court may rule on the relevance or admissibility of any evidence, taking into account, inter alia, the probative value of the evidence and any prejudice that such evidence may cause to a fair trial or to a fair evaluation of the testimony of a witness, in accordance with the Rules of Procedure and Evidence.
5. The Court shall respect and observe privileges on confidentiality as provided for in the Rules of Procedure and Evidence.
6. The Court shall not require proof of facts of common knowledge but may take judicial notice of them.
7. Evidence obtained by means of a violation of this Statute or internationally recognized human rights shall not be admissible if:
(a) The violation casts substantial doubt on the reliability of the evidence; or
(b) The admission of the evidence would be antithetical to and would seriously damage the integrity of the proceedings.
8. When deciding on the relevance or admissibility of evidence collected by a State, the Court shall not rule on the application of the State's national law.