PART V - CO-OPERATION AND JUDICIAL ASSISTANCE
25. Rights and privileges of witnesses
(1) In respect of the giving of evidence or the production of any book, document or object at an examination under section 24, the law of Mauritius relating to privilege applicable to such a witness in a Court in similar proceedings shall apply.
(2) A person summoned to appear before a Magistrate in terms of section 24 may be assisted by a law practitioner in the proceedings referred to in that section.
(3) Article 68 of the Statute shall apply to an examination under section 24.
PART III - FORMS OF MUTUAL ASSISTANCE
7. Foreign request for a virtual evidence-gathering order
(4) Where a witness gives evidence under subsection (3) -
(a) the evidence shall be given as though the witness were physically before the court, or tribunal, outside Mauritius for the purposes of the laws relating to evidence and procedure, but only to the extent that giving the evidence would not entail disclosure of information otherwise protected by any law on non-disclosure of information or privilege ;
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.