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Provided that it shall be competent for the Judge, at any time during the trial, to require the
production of the writing for his inspection, and he may thereupon make such use of it, for the

purpose of the trial, as he shall think fit. 110

St. Kitts and Nevis

Exception: rebutting denials by other evidence.

Where evidence that a witness (a) is biased or has a motive to be untruthful, (b) has been

convicted of an offence, including an offence against the law of a foreign country, or (c) made a
prior inconsistent statement, is adduced, otherwise than from the witness, himself or herself the

credibility rule does not prevent the admission or use of the evidence if the witness had denied

the substance of the evidence. 111

Where evidence that a witness (a) is or was unable to be aware of matters to which his evidence

relates, or (b) 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 if the circumstances set out in subsection (3) exist.

The circumstances referred to in subsection (2) are (a) that the witness has denied the substance
of the evidence; and (b) that the court has given leave to adduce the evidence. 112

Where a witness under cross-examination has been asked and has answered any question
referred to in section 44, no evidence can be given to contradict him, except in the following

cases:

(a) if a witness is asked whether he has been previously convicted of any offence and he denies

or does not admit it, or refuses to answer, evidence may be given of the previous conviction; and

110 Montserrat – Evidence Act Cap. 2:08, section 17
111 St. Kitts and Nevis - Evidence Act No. 30 of 2011, section 106(1)
112 St. Kitts and Nevis - Evidence Act No. 30 of 2011, section 106(2)(3)
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