chapter  3
36 Pages

Testimony of Witnesses

If a party is aware that there is a potential witness who is compellable, but unwilling to attend the court in order to avoid testifying, that party may apply for a witness

summons or order requiring the witness to attend on the relevant dates; see s 97 of the Magistrates Court Act 1980 and s 2 of the Criminal Procedure (Attendance of Witnesses) Act 1965, as amended. The following two conditions are required to be satisfi ed before a court issues a summons:

that the person is likely to be able to give material evidence; and that his presence in court is necessary in the interests of justice.