Communications Regulation Act 2002

46E

F101 [ Admissibility of statements contained in certain documents.

46E. (1) For the purposes of this section, a person is a competent person if the person is one who might reasonably be expected to have knowledge of the act or omission in question.

(2) A document that contains a statement by a competent person asserting that an act was done or was omitted to be done by a specified person is admissible in evidence in proceedings for an offence under this Act, or under a related enactment, that involves or relates to doing or omitting to do the act, but only if the document satisfies the conditions set out in subsection (3) .

(3) The conditions referred to in subsection (2) are that the document

( a ) came into existence before proceedings for the offence were initiated, and

( b ) was prepared otherwise than in response to an enquiry made or question put by a Commissioner, a member of the Commission s staff, a member of the Garda S í och á na or an authorised officer relative to any aspect of the proceedings.

(4) In estimating the weight (if any) to be attached to a statement contained in a document admitted in evidence in the proceedings, the court shall take into account the circumstances from which any inference can reasonably be drawn as to the accuracy or otherwise of the statement.

(5) If a document containing a statement is admitted in evidence under this section

( a ) evidence that, if the person making the statement had been called as a witness, would have been admissible as relevant to the person s credibility as a witness is admissible for that purpose, and

( b ) evidence may, with the leave of the court, be given of any matter that, had the person been called as a witness, could have been put in cross-examination as being relevant to the person s credibility but of which evidence could not be adduced by the cross-examining party, and

( c ) evidence tending to prove that the person, whether before or after making the statement, made (whether orally or not) a statement that is inconsistent with it is (if not already admissible by virtue of another enactment or a rule of common law) admissible for the purpose of showing that the person had contradicted himself or herself.

(6) This section does not affect the admissibility, in proceedings for an offence under this Act or a related enactment, of a document as evidence of matters stated in it, if the document would be admissible in the proceedings because of the operation of any other enactment or a rule of common law. ]