Page 371 - Magistrates Conference 2019

Notwithstanding the failure of any party to the proceedings to serve a counter-notice objecting to
the admissibility of a written statement, the Court may, if it thinks fit, permit the party to lead

99
evidence contradicting the evidence contained in the written statement.
Where contradicting evidence is given as mentioned in subsection (6), the party who tendered

the written statement may lead additional evidence in response to the contradicting evidence.

A witness may be cross-examined as to previous statements made by him or her in writing, or

reduced into writing and relevant to matters in question in the suit or proceeding in which he or
she is cross-examined, without the writing being shown to him or her or being proved; but if it is

intended to contradict him or her by the writing, his or her attention must, before the writing can

be proved, be called to those parts of it which are to be used for the purpose of contradicting him
or her. 100

If a witness upon cross-examination as to a previous oral statement made by him or her relevant
to matters in question in the suit or proceeding in which he or she is cross-examined, and

inconsistent with his or her present testimony, does not distinctly admit that he or she made the
statement, proof may be given that he or she did in fact make it, but before such proof can be

given, the circumstances of the supposed statement, sufficient to designate the particular
occasion, must be mentioned to the witness, and he or she must be asked whether or not he or

she made the statement. 101

Guyana

The admission of rebuttal evidence in Guyana is guided by the common law.

A witness under cross-examination may be asked whether he has made any former statement

relative to the subject matter of the cause or matter inconsistent with his present testimony, the

circumstance of the proposed statement being referred to sufficiently to designate the particular

99 Grenada – Evidence Act Cap. 92, section 36C(6)
100 Grenada – Evidence Act Cap. 92, section 145(1)
101 Grenada – Evidence Act Cap. 92, section 145(2)
33