STATUTORY DECLARATION OR STATEMENT NOT ADMISSIBLE IN EVIDENCE

The alleged matter of the fact of the investigation is proved or disproved through producing of evidence.  The evidence that is relevant is referred to as admissible while the evidence that is not relevant is referred to a statement not admissible in evidence.   When submitting the documentary evidence, the offeror is required to give the judge with a certain amount of the evidence that is tangible. In some cases, the judge can dismiss any evidence that lack identification. The statutory declaration has the witness’ written statements. The main reason for the witness’ written statement is a way of avoiding to hear the witness.  The prosecution relies on the witness statements made to give the personal account to court on what they saw. Sometimes the witnesses who gave the written statements are not in a place to give evidence in court due to threats and intimidation. The statements are admitted as evidence if the witness refuses to give evidence, if the evidence denies making evidence and if the witness gives evidence that is inconsistent with the statement.  However, if the prosecution applies the witness statement in court as evidence, then the witness has to explain why he/she not committed to appear in court. The court is satisfied if the statement was made on an affirmation or if the statement has a statutory declaration.  Written statements have lower probative value than the oral evidence taken by the department that is deciding the case.

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