Page 372 - Magistrates Conference 2019

occasion, and, if he does not distinctly admit that he has made that statement, proof may be given
that he did in fact make it. 102

The same course may be taken with a witness upon his examination in chief, if the judge is of
opinion that he is adverse to the party by whom he was called, or that his memory is in good

faith at fault, and permits the question. 103

A witness under cross-examination, or a witness whom the judge, under the provisions of the

preceding section, has permitted to be examined by the party who called him as to previous
statements inconsistent with his present testimony, may be questioned as to previous statements

made by him in writing, or reduced into writing, relative to the subject matter of the cause or

matter, without the writing being shown to him or being proved in the first instance; but, if it
intended to contradict him by the writing, his attention must, before contradictor proof can be

given, be called to those parts of the writing which are to be used for the purpose of contradicting
him. 104

The judge may, at any time during the hearing or trail, require the document to be produced for
his inspection and may thereupon make any use of it for the purposes of the hearing or trial he

thinks fit. 105

Jamaica

In cases where the right of reply depends on the question whether evidence has been called for

the defence, the fact that the person charged has been called as a witness shall not of itself confer

on the prosecution the right of reply. 106

If a witness, upon cross-examination as to a former statement made by him relative to the

subject-matter of the cause, and inconsistent with his present testimony, does not distinctly admit
that he has made such statement, proof may be given that he did in fact make it; but before such

proof can be given, the circumstances of the supposed statement, sufficient to designate the

102 Guyana – Evidence Act Cap. 5:03, section 79(1)
103 Guyana – Evidence Act Cap. 5:03, section 79(2)
104 Guyana – Evidence Act Cap. 5:03, section 80(1)
105 Guyana – Evidence Act Cap. 5:03, section 80(2)
106 Jamaica – Evidence Act 1843, section 11
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