Law of Evidence at Fiji
The law of evidence in Fiji is primarily governed by the Evidence Act 1997, which outlines the rules and principles for the admissibility and presentation of evidence in both civil and criminal proceedings.
📜 Overview of the Evidence Act 1997
The Evidence Act 1997 serves as the cornerstone of Fiji's evidentiary framework. Key provisions include:
Admissibility of Evidence: The Act specifies what constitutes admissible evidence in court, including oral testimony, documents, and physical evidence.
Witness Testimony: It outlines the procedures for examining witnesses, including rules on competence, compellability, and the examination process.
Documentary Evidence: The Act provides guidelines on the admissibility of documents, including public records and business records, and the circumstances under which they may be accepted as evidence.
Hearsay Rule: It addresses the general rule against hearsay evidence and outlines exceptions where such evidence may be admissible.
Presumptions: The Act establishes certain legal presumptions that may arise in the absence of contrary evidence.
🧾 Recent Developments: Fiji Truth and Reconciliation Commission Act 2024
A notable recent development in Fiji's legal landscape is the enactment of the Fiji Truth and Reconciliation Commission Act 2024. This Act established the Fiji Truth and Reconciliation Commission, which commenced its work in early 2025. (Fiji Truth and Reconciliation Commission)
Key aspects of the Act include:
Confidentiality of Evidence: The Commission is empowered to hear evidence in confidence, and any information provided cannot be used in civil or criminal proceedings, except in cases related to misleading the Commission. (Fiji Truth and Reconciliation Commission)
Social Accountability Focus: The Commission's mandate is centered on truth-telling and social accountability, rather than prosecution. (Fiji Truth and Reconciliation Commission)
Legal Protections: Individuals providing evidence to the Commission are granted certain legal protections, ensuring their participation does not expose them to legal liability.
This development underscores Fiji's commitment to addressing past injustices and promoting national reconciliation through legal means.
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