Section 78A
of Evidence Act
Section 78A
(1)
Any document purporting to be signed by the Attorney General certifying that any foreign document attached thereto has been received by him in connection with any criminal proceedings shall be admitted in evidence in those proceedings together with the document attached thereto on production, without further proof, as prima facie evidence of the facts contained in such documents.
(2)
In this section, “foreign document” means a document purporting to be —
(a)
a true copy of extract from —
(i)
any record, book or document of a public nature kept or maintained in any place outside Brunei
Darussalam; or
(ii)
any document filed in or issued out of an office, kept or maintained in any place outside Brunei
Darussalam for the purpose (whether the sole purpose or not) of registering companies or business names or the ownership of property; and
(b)
signed and certified as a true copy of or extract from any such record, book or document by a person having custody or controlled thereof.
(3)
In relation to a document tendered in evidence under this section and purporting to be signed and certified as a true copy of or extract from any record, book or document by a person having custody or control thereof, it shall be presumed, unless the contrary is proved, that such record, book or document is —
(a)
a record, book or document of a public nature kept or maintained in a place outside Brunei Darussalam; or
(b)
a document filed in or issued out of an office kept or maintained in a place outside Brunei Darussalam for the purpose of registering companies or business names or the ownership of property,
Evidence
B.L.R.O. 4/2014 65
if there is endorsed on the document a statement purporting to be signed by that person to that effect.
(4)
Unless the court otherwise orders, a document shall not be admitted in evidence under this section unless 14 days notice in writing of the intention to tender such document in evidence, together with a copy thereof and of the certificate under subsection (1) of the Attorney General in respect thereof, has been served —
(a)
where the document is tendered by the prosecution, on the defendant (or, if more than one, on each defendant) or his counsel;
(b)
where the document is tendered by a defendant, on the
Public Prosecutor, but nothing in this subsection shall affect the admissibility of a document in respect of which notice has not been served in accordance with the requirements of this subsection if no person entitled to be so served object to its being so admitted.
Presumptions as to documents
Presumption as to genuineness of certified copies.