Cap. 9 Art. 647Examination of infirm or aged witness in his place of abode.

(1) If it shall be necessary to examine any person who either through infirmity or old age is unable to appear in court, such person shall be examined by the court, or, if the court so orders, by a member of the court, in the place of his or her abode:

Provided that the court may delegate the taking of the evidence of any such witness to one of the magistrates for the

Island in which the witness resides, or to a judicial assistant.

(2) When the evidence required is that of a person who does not reside in the Island in which the proceedings are taking place and it is represented to the court that such person is about to leave

Malta, the court may delegate the taking of the evidence to one of the persons to whom the taking of evidence may be delegated under sub-article (1); and in the case of a witness who is to be examined in Gozo or Comino, the court may also, if the circumstances so warrant and the Attorney General does not object, authorise the registrar to take such evidence and administer the necessary oath.

(3) The party charged or accused is entitled to be present at the examination.

(4) The evidence taken in accordance with the provisions of this article shall be read out in court, and a note to that effect shall be entered in the record.