''Part VIII-ADMISSIBILITY OF FOREIGN EVIDENCE, Division 2 - Obtaining Foreign Material, 40. Requirements for testimony''
(1) The testimony shall be taken before a court-
(a) on oath or affirmation; or
(b) under caution or admonition as would be accepted, by courts in the foreign country concerned, for the purposes of giving testimony in proceedings before those courts.
(2) The testimony may be taken in Chambers.
''Part VIII-ADMISSIBILITY OF FOREIGN EVIDENCE ,Division 3 - Using Foreign Material, 42. Foreign material may be adduced as evidence''
(1) Subject to subsection (2) and section 43, foreign material may be adduced as evidence in a proceedings to which this Part applies.
(2) The foreign material is not to be adduced as evidence if-
(a) at the hearing of the proceeding, it appears to the Court's satisfaction that the person who gave the testimony concerned is present in Fiji and is able to testify at the hearing; or
(b) the evidence would not have been admissible had it been adduced from the person at the hearing.
''Part VIII-ADMISSIBILITY OF FOREIGN EVIDENCE ,Division 3 - Using Foreign Material, 43. Direction to prevent foreign material being adduced''
(1) The Court may direct that foreign material not be adduced as evidence if it appears to the Court's satisfaction that the interests of justice would be better served if the foreign material were not adduced as evidence.
(2) Without limiting the matters that the Court may take into account in deciding whether to give a direction, it shall take into account-
(a) the extent to which the foreign material provides evidence which would not otherwise be available;
(b) the probative value of the foreign material with respect to any issue that is likely to be determined in the proceedings;
(c) the extent to which statements contained in the foreign material would, at the time they were made, be challenged by questioning the persons who made them;
(d) whether exclusion of the foreign material would cause undue expense or delay; and
(e) whether exclusion of the foreign material would prejudice-
(i) the defence in criminal proceedings; or
(ii) any party to a related civil proceedings.
''Part IX -MISCELLANEOUS, 48. Authentication of documents''
(1) In a proceedings under this Act or the Proceeds of Crime Act, 1997 arising directly or indirectly from a request made under this Act, any document that is duly authenticated is admissible in evidence.
(2) A document is duly authenticated for the purposes of subsection (1) if -
(a) it is signed or certified by a Judge, Magistrate or officer in or of a foreign country; and
(b) it is sealed with an official or public seal of the foreign country or of a Minister of State, or of a Department or officer of the Government, of the foreign country.
(3) Nothing in this section prevents the proof of any matter, or the admission in evidence of any document, under any other law of Fiji.
''Part IX -MISCELLANEOUS, 49. Restriction on use of information etc.''
(2) The material is inadmissible in evidence in any proceedings other than the proceedings in respect of which it was obtained unless the Attorney-General has approved its use for the purposes of that other proceedings.
(3) Any information, document, article or thing obtained directly or indirectly from a person by making use of the material-
(a) otherwise than for the purpose of the proceedings or investigation in respect of which it was obtained; and
(b) without the approval of the Attorney-General,
is inadmissible in evidence in any other proceedings and may not be used for the purposes of any other investigation.
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.