Page 351 - Magistrates Conference 2019

In any criminal proceeding where direct oral evidence of a fact would be admissible, any
statement contained in a document and tending to establish that fact shall, on production of the

document, be admissible as prima facie evidence of that fact if:

a. the document is, or forms part of, a record relating to any trade, business, profession or

occupation or relating to any paid or unpaid office and compiled or received in the course
of that trade, business, profession or occupation or office from information supplied

whether directly or indirectly by persons who have, or may reasonably be supposed to

have, personal knowledge of the matters dealt with in the information they supply; or
b. the person who supplied the information recorded in the statement in question is dead, or

outside of Saint Christopher and Nevis, or unfit by reason of his or her bodily or mental
condition to attend as a witness, or cannot with reasonable diligence be identified or

found, or cannot reasonably be expected, having regard to the time which has elapsed

since he or she, supplied the information and to all the circumstances, to have any
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recollection of the matters dealt with in the information he supplied.
Where the statement contained in a document is produced by a computer, that statement is

admissible as evidence of any fact stated therein unless it is shown that:

a. there are reasonable grounds for believing that the statement is inaccurate because of

improper use of the computer;

b. at all material times the computer was not operating properly, or was out of operation
such as to affect the production of the document or the accuracy of its contents; and

c. any relevant conditions specified in Regulations made pursuant to the provisions of
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subsection (3) are not satisfied.

Where it is desired to give a statement in evidence by virtue of this section, the information
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concerning the statement may be required in such form and at such times as may be prescribed.

For the purposes of deciding whether or not a statement is admissible as evidence by virtue of
this section, the court may draw any reasonable inference from the form or content of the

30 St. Kitts and Nevis - Evidence Act No. 30 of 2011, section 57(1)
31 St. Kitts and Nevis - Evidence Act No. 30 of 2011, section 57(2)
32 St. Kitts and Nevis - Evidence Act No. 30 of 2011, section 57(3)
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