Cap. 12 Art. 611Examination of witness about to leave Malta, etc., whose evidence is required before inferior courts.

(1) Where the evidence of any person as provided in article 606 is required before the Court of Magistrates (Malta), or before the Court of Magistrates (Gozo) in its inferior jurisdiction, the witness shall be examined by the magistrate himself, but in the latter case the magistrate shall reduce the evidence to writing and shall cause it to be signed or marked by the witness.

(2) Whenever the Magistrate of the Court of Magistrates

(Gozo) is temporarily absent from Gozo with the permission of the

Minister responsible for justice, or is, through a lawful impediment, precluded from performing his duties, the registrar of the said court may be authorized by the State Advocate to take the evidence of any person as provided in article 606 and to administer the necessary oath.

(3) Nevertheless, the provisions of article 606(3) shall be applicable to any of the courts mentioned in sub-article (1) where the person to be examined is not in the Island or Islands where the court, before which the evidence is required, sits.