Singapore legislation
Clause 146
Clause 146
Evidence
(1)
The Military Court of Appeal may —
order the production of any document, exhibit or other thing connected with the proceedings the production of which appears to them necessary for the determination of the case;
order any witness who would have been a compellable witness at the trial to attend for examination and be examined before the Court, whether or not he was called at the trial; and
receive the evidence, if tendered, of any witness.
(2)
Without prejudice to the generality of subsection (1) of this section, where evidence is tendered to the Military Court of Appeal under that subsection, the Court shall, unless it is satisfied that the evidence if received would not afford any ground for allowing the appeal, exercise its power under that subsection of receiving it if —
it appears to it that the evidence is likely to be credible and would have been admissible at the trial on an issue which is the subject of the appeal; and
it is satisfied that it was not adduced at the trial, but there is a reasonable explanation of the failure to adduce it.
(3)
Paragraph (c) of subsection (1) of this section shall apply to any witness (including the appellant) who is competent but not compellable, and shall apply also to the appellant’s husband or wife where the appellant makes an application for that purpose and the evidence of the husband or wife could not have been given at the trial except on such an application.
(4)
The Military Court of Appeal may order the examination of any witness whose attendance may be required under paragraph (b) of subsection (1) of this section to be conducted in the prescribed manner before any member of the Court or before any other person appointed by the Court for that purpose, and allow the admission of any depositions so taken as evidence before the Court.