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S.L. 220.4 · Rules Of Procedure (S.L. 220.4)

S.L. 220.4 Art. 7Hearing of evidence by commanding officer.

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When a commanding officer investigates a charge by hearing the evidence himself:

(a) each prosecution witness shall give his evidence orally in the presence of the accused, or the commanding officer shall read to the accused a written statement made by the witness: Provided that a written statement of a prosecution witness shall not be used if the accused requires that the witness shall give his evidence orally;

(b) the accused shall be allowed to cross examine any prosecution witness;

(c) the accused may, on his own behalf, give evidence on oath or may make a statement without being sworn;

(d) the accused may call witnesses in his defence, who shall give evidence orally and in his presence;

(e) the evidence shall not be given on oath unless the commanding officer so directs or the accused so demands;

(f) if the evidence is given on oath, the commanding officer shall, subject to the accused’s rights to make a statement without being sworn, administer the oath to each witness and to any interpreter in accordance with rule 32.