Page 370 - Magistrates Conference 2019

inconsistent with the testimony being given by the witness, the court may, without proof that the
witness is adverse, grant leave to that party to cross-examine the witness as to the statement and

90
the court may consider the cross-examination in determining whether the witness is adverse.

Barbados

Where evidence that a witness is biased or has a motive to be untruthful, has been convicted of

an offence, including an offence against the law of a foreign country or made a prior inconsistent
statement, is adduced, otherwise than from the witness, the credibility rule does not prevent the

91
admission or use of the evidence if the witness has denied the substance of the evidence.
Where evidence that a witness is or was unable to be aware of matters to which his evidence

relates or knowingly or recklessly made a false representation while under an obligation imposed
by or under a law, including a law of a foreign country, to tell the truth is adduced, otherwise

than from the witness, the credibility rule does not prevent the admission or use of the evidence
92
if the circumstance set out in subsection (3) exist.

The circumstances referred to in subsection (2) are that the witness has denied the substance of
93
the evidence and that the court has given leave to adduce the evidence.

Belize

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 and inconsistent with his present testimony,

the circumstances of the supposed statement being referred to sufficiently to designate the

particular occasion and, if he does not distinctly admit that he has made that statement, proof
94
may be given that he did in fact make it.

90 Antigua and Barbuda – The Evidence (Special Provisions) Act No. 5 of 2009, section 10(4)
91 Barbados – Evidence Act Cap. 121, section 96(1)
92 Barbados – Evidence Act Cap. 121, section 96(2)
93 Barbados – Evidence Act Cap. 121, section 96(3)
94 Belize – Evidence Act Cap. 95, section 71(1)
31