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Witness at Consulate
The illness of an expert witness in South Africa forces courts in Botswana to examine international law on how to conduct the examination of the witness, who is too sick to travel. The options being considered by the court are holding the proceedings at the Botswana High Commission in Pretoria, or examining the witness via video conference.
Botswana's Criminal Proceedings and Evidence Act, passed in 1939, fails to address the issue. Defense counsel has expressed doubts as to the legality of holding the examination Pretoria. She insists video conferencing is the correct approach.
The Director of Public Prosecutions on the other hand, stated that the court could exercise discretion in obtaining the testimony, quoting South African law reports which confirm that proceedings may be held in a foreign country. The SA International Cooperation in Criminal Matters Act, which has been adopted by Botswana, establishes the foundation for countries to cooperate in resolving criminal matters. The Act deals only with issues specific to financial crimes, however.
On October 17, 2006, the magistrate encouraged both sides to take time to research and come to a practical solution in this complex matter. -- Elizabeth Evans, Legal Assistant, Berliner, Corcoran & Rowe, LLP,Washington.
Fri, / / Embassy Law Link
