Page 377 - Magistrates Conference 2019

St. Lucia

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

admission or use of the evidence if the witness has denied the substance of the evidence. 119

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

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 the evidence and that the court has given leave to

adduce the evidence. 120

The credibility rule does not prevent the admission or use of evidence adduced in re-examination

of a witness. The credibility rule does not prevent the admission or use of evidence that explains
or contradicts evidence adduced as mentioned in section 97, if the court gives leave to adduce

that evidence. 121

Without limiting subsection (1) or (2), wher (a) evidence of a prior inconsistent statement of a

witness has been admitted; or (b) it is suggested, either expressly or by implication, that evidence
given by the witness has been fabricated or reconstructed, whether deliberately or otherwise, or

is the result of a suggestion, the credibility rule does not prevent the admission or use of evidence

of a prior consistent statement of the witness if the court gives leave to adduce the evidence. 122

Trinidad and Tobago

If a witness, upon cross-examination as to a former statement made by him relative to the subject
matter of the indictment or proceeding and inconsistent with his present testimony, does not

119 St. Lucia - Evidence Act Cap 4:15, section 96(1)
120 St. Lucia - Evidence Act Cap 4:15, section 96(2)(3)
121 St. Lucia - Evidence Act Cap 4:15, section 98(1)(2)
122 St. Lucia - Evidence Act Cap 4:15, section 98(3)
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