Cap. 220 Art. 134Boards of Inquiry.

(1) Subject to and in accordance with the provisions of rules made under this article (hereinafter referred to as "Board of

Inquiry Rules"), the Commander or any officer of the force empowered by or under such rules so to do may convene a board of inquiry to investigate and report on the facts relating to -

(a) the absence of any person subject to military law;

(b) the capture of any such person by the enemy;

(c) the death of any person in a military establishment where an inquiry into the death is not required to be held by any civil authority;

(d) any other matter of a class specified in such rules or referred to such a board by the Commander or any such officer as aforesaid, and a board of inquiry shall, if directed so to do, express their opinion on any question arising out of any matter referred to the board.

(2) A board of inquiry shall consist of a president, who shall be an officer not below the rank of captain and be subject to military law and not less than two other members each of whom shall either be a person so subject or be a person not so subject who is in the service of the Government of Malta.

(3) Subject to the provisions of this article, board of inquiry rules may make provision with respect to the convening, constitution and procedure of boards of inquiry and, without prejudice to the generality of the foregoing, may make provision with respect to all or any of the following matters:

(a) the rules of evidence to be observed by boards of inquiry and the taking of evidence before such boards, so however that the rules shall provide for the taking of evidence on oath or affirmation except in circumstances such that if the evidence were being taken at a court-martial an oath could be dispensed with;

(b) without prejudice to the provisions of the next following article, the making in service books of records of findings of boards of inquiry in such cases as may be provided by the rules;

(c) such incidental and supplementary matters as appear requisite for the purpose of the rules.

(4) Board of Inquiry Rules shall contain provision for securing that any witness or other person who may be affected by the findings of a board of inquiry shall have an opportunity of being present, and represented, at the sittings of the board or such part thereof as may be specified by or under the rules.

(5) Evidence given before a board of inquiry shall not be admissible against any person in proceedings before a court-martial, commanding officer or appropriate superior authority, other than proceedings for an offence against article 65 or for an offence against article 75 where the corresponding civil offence is perjury.

(6) The power to make Board of Inquiry Rules shall be exercised by the Minister; and the provisions of article 4(5) and (6) shall apply to such rules as they apply to regulations and orders made under that article.