Section 27
of Mutual Assistance in Criminal Matters Order, 2005
Section 27
(a)
the request relates to a criminal matter in that country; and
(b)
there are reasonable grounds for believing that the evidence can be taken or, as the case may be, the documents, articles or other things can be produced in Brunei Darussalam, he may in writing authorise a Magistrate to take the evidence before transmitting it to that country.
(2)
Upon receipt of an authorisation under subsection (I), the Magistrate shall -
(a)
take the evidence of each witness appearing before him;
(b)
cause such evidence to be reduced in writing and certify at the end of that writing that the evidence was taken by him; and
(c)
cause the writing, so certified, to be sent to the Attorney General.
(3)
The proceedings may be conducted in the presence or absence of the person to whom the criminal matter in the foreign country relates or of his legal representative (if any).
(4)
If the foreign country has so requested, the Magistrate conducting proceedings under subsection (2) may permit -
(a)
any person to whom the proceedings in that country relates or that person's legal representative; or
(b)
the legal representative of the relevant person of that country, to examine or cross-examine, including through a live television link, from that country, any person giving evidence or producing a document, article or other thing at those proceedings.
(5)
The certificate referred to in subsection (2) shall state whether the person to whom the criminal matter in the foreign country relates or his legal representative (if any) was present at the proceedings.
(6)
The law with respect to the compelling of persons to attend before a
Magistrate, and to give evidence, answer questions and produce documents, upon the hearing of a charge against any person for an offence against the law of Brunei
Darussalam shall apply, so far as they are capable of application, with respect to the compelling of persons to attend before a Magistrate, and to give evidence, answer questions and produce documents, for the purposes of this section:
Provided that the Magistrate conducting proceedings under subsection (2)
shall record any objection as to whether any evidence should be taken under the laws of that foreign country, but shall not rule on the matter.
(7)
For the purpose of this section, the person to whom a criminal matter in a foreign country relates is competent but not compellable to give evidence.
(8)
Evidence taken under this section shall not be admissible in evidence or otherwise used, for the purposes of any judicial proceedings, disciplinary proceedings or other proceedings in Brunei Darussalam, except in the prosecution of the person who gave that evidence for the offence of perjury or contempt of court in relation to the giving of that evidence.
Requests for hearing evidence from witness in Brunei Darussalam through live television link.