Law of Evidence at Gambia
The Law of Evidence in The Gambia is primarily governed by the Evidence Act, 1994, which outlines the legal rules and procedures related to the admissibility, relevance, and use of evidence in both civil and criminal proceedings.
Key Features of the Law of Evidence in The Gambia:
Relevance and Admissibility:
Only relevant evidence is admissible in court.
Evidence must relate directly to a fact in issue.
Types of Evidence:
Oral evidence: Must be direct and presented by witnesses under oath.
Documentary evidence: Includes written records, certified documents, and digital formats.
Real evidence: Physical objects presented in court.
Burden of Proof:
In criminal cases, the burden of proof is on the prosecution — "beyond reasonable doubt."
In civil cases, the burden is on the claimant — "on a balance of probabilities."
Presumptions:
Both rebuttable and irrebuttable presumptions are recognized.
Example: Presumption of innocence in criminal trials.
Witnesses:
Witnesses must be competent and compellable.
Cross-examination is permitted to test credibility.
Child and vulnerable witnesses may receive special protections.
Hearsay Rule:
Hearsay evidence is generally inadmissible unless it falls under a recognized exception.
Privilege:
Certain communications are protected, such as:
Legal professional privilege
Spousal privilege (with exceptions)
State secrets
Judicial Notice:
Courts can accept certain facts as true without formal proof (e.g., laws, public holidays).
Electronic Evidence:
Recognized under modern reforms, with conditions for authenticity and integrity.
The Evidence Act has been influenced by common law traditions, particularly from the UK, due to The Gambia’s colonial history, but it also reflects local legal developments and constitutional guarantees under The Gambian Constitution of 1997.
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