Civil Aviation Act, 2009 (Act No. 13 of 2009)

Chapter 4

Part 7 : Offences

66. Evidence

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(1)Subject to section 65(1)
(a)a report purporting to have been signed by an investigator stating that the investigator has exercised any power pursuant to section 33 and stating the results of the exercise of the power; or
(b)a document purporting to have been certified by an investigator as a true copy of or extract from a document produced to the investigator pursuant to section 33,

is admissible in evidence in any prosecution for an offence under this Act without proof of the signature or official character of the person appearing to have signed the report or certified the document and is, in the absence of evidence to the contrary, proof of the statements contained in the report or proof of the contents of the document.

 

(2)No report or document must be received in evidence under this section unless the party intending to produce it has, at least seven days before producing it, served a notice of that intention on the party against whom it is intended to be produced, together with a copy of the report or document.

 

(3)The party against whom a report or document is produced under this section may require the attendance, for the purposes of cross-examination, of the person who appears to have signed the report or certified the document as a true copy or extract.