Cap. 326 Art. 10Summoning of witnesses and administration of oaths.
(1) The Commission shall have power, exercisable through its Chairman -
(a) to summon witnesses who shall be heard on oath;
(b) to administer an oath to any witness and to any person concerned in the inquiry, and require them to give evidence.
(2) Summonses for attendance of witnesses may be in the form set out in the Schedule to this Act or in such other form as may be appropriate to the case, and shall be signed by the Chairman or Secretary of the Commission.
(3) A summons may be served either by hand or by post. Where it is served by hand it shall be sufficient to prove service by evidence that the summons was left with a person over the age of 16 years at the place of residence or of business of the person summoned; and if served by post it shall be sufficient to prove service by evidence that the summons was properly addressed and posted.
(4) Any witness may be assisted by an advocate or a legal procurator.
(5) Any person summoned as aforesaid who refuses, or without sufficient cause fails, to attend at the time and place mentioned in the summons, or refuses, without sufficient cause, to answer or to answer fully and satisfactorily, to the best of his knowledge and belief, all questions put to him by or with the concurrence of the Commission, or refuses or fails, without sufficient cause, to produce any document he was required to produce by or with the concurrence of the Commission shall be liable, on conviction, to a fine (multa) not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69) or to imprisonment not exceeding three months, or to both such fine and imprisonment: Provided that, without prejudice to the generality of the provisions of subarticle (1)(b), no person giving evidence before the Commission may be compelled to answer any question which tends to expose him to any criminal prosecution, and every such offence against this article without the concurrence of the Attorney General.
Amendment history
- Amended by L.N. 424 of 2007