Rights during trial - examine witnesses

Fiji

Fiji - Constitution 2013 EN

CHAPTER 2 - BILL OF RIGHTS

Rights of accused persons
SECTION 14

(2) Every person charged with an offence has the right—
(l) to call witnesses and present evidence, and to challenge evidence presented against him or her;

Fiji - Mutual Assistance in Criminal Matters 1997 EN

''Part VIII-ADMISSIBILITY OF FOREIGN EVIDENCE, Division 4 - Miscellaneous, 45. Right to examine witnesses''
(1) Subject to this section, nothing in this Part shall be taken to limit the right of the defendant in any criminal proceedings to which this Part applies (in this section referred to as "the defendant") to examine in person or by his legal representative any witness whose testimony is admitted in evidence in those proceedings.
(2) If the defendant requests that the person who gave the testimony concerned be present at the hearing in Fiji for the purposes of cross-examination, the court shall warn the defendant that he or she may be ordered to pay any expenses incurred by the State in making the person available before the court.
(3) If -
(a) as a result of the request, the person appears before the court as a witness; and
(b) it appears to the court that the cross-examination of the person was unnecessary, of a trivial nature or irrelevant to the matters in issue in the proceedings,
the court may order that the defendant pay any expenses incurred by the State in obtaining the attendance of the person as a witness.
(4) A certificate signed by the Attorney-General shall be evidence of the expenses incurred by the State for the purposes of subsection (3).
(5) An amount payable by a person to the State under subsection (3) is a civil debt due by the person to the State.
(6) An order against a person under subsection (3) may be enforced as if it were an order made in civil proceedings instituted by the State against the person to recover a debt due by the person to the State and the debt arising from the order shall be taken to be a judgement debt.

Rome Statute

Article 67 Rights of the accused

1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:

(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute;