Law of Evidence at Papua New Guinea
In Papua New Guinea (PNG), the Law of Evidence is governed by a combination of common law principles, statutory provisions, and court decisions. The primary source of evidence law in PNG is the Evidence Act 1975, which is heavily influenced by the English Common Law system.
Here are key elements of the Law of Evidence in Papua New Guinea:
1. Admissibility of Evidence
Relevant Evidence: In PNG, evidence is admissible if it is relevant to the case at hand. Relevance is determined by whether the evidence makes a fact more or less probable than it would be without the evidence.
Hearsay Rule: Hearsay evidence (statements made outside of court) is generally not admissible unless it falls within specific exceptions outlined in the Evidence Act or is deemed reliable.
2. Types of Evidence
Oral Evidence: This is typically provided by witnesses who testify in court under oath or affirmation.
Documentary Evidence: Written documents, including contracts, letters, records, and other written materials, can be submitted to the court as evidence.
Real Evidence: Physical objects or materials that are directly involved in the case, such as weapons or other exhibits, are admissible.
Expert Evidence: Expert witnesses are allowed to give testimony based on their expertise, particularly in technical matters. Their opinions can be used to clarify issues beyond the ordinary knowledge of the court.
3. Burden of Proof
Criminal Cases: In criminal cases, the prosecution bears the burden of proof. The standard of proof is beyond reasonable doubt, meaning that the evidence must be strong enough that no reasonable doubt remains as to the accused's guilt.
Civil Cases: In civil cases, the plaintiff has the burden of proving their case by a preponderance of the evidence, meaning the evidence must tip the scale in their favor.
4. Witnesses
Competency and Compellability: Generally, all persons are competent to be witnesses unless they are specifically excluded by law (e.g., minors or individuals lacking the mental capacity to understand the proceedings).
Witnesses under Oath: All witnesses must take an oath or affirmation before giving evidence.
Cross-Examination: Witnesses can be cross-examined by the opposing party, and this is a key feature of adversarial proceedings in PNG.
5. Hearsay Evidence
Hearsay Rule: Statements made outside of court are inadmissible unless they fall under specific exceptions, such as:
Statements made in the course of business (business records).
Statements made by deceased persons, under certain circumstances (e.g., dying declarations).
Admissions made by a party.
6. Illegally Obtained Evidence
Evidence obtained through illegal means, such as unlawful search and seizure, may still be admissible in court. However, there are rules that can exclude evidence where its admission would be detrimental to the fairness of the trial.
The court’s discretion plays a significant role in determining whether such evidence should be admitted, with considerations of public policy and the rights of the accused.
7. Privileged Evidence
Legal Professional Privilege: Communications between a lawyer and their client are protected and cannot be disclosed without the client's consent.
Spousal Privilege: In some cases, spouses may have the privilege not to testify against each other.
8. Documents and Electronic Evidence
Documentary Evidence: Documents are admissible if they meet certain criteria, including proper authentication.
Electronic Evidence: Electronic records and messages are becoming increasingly important and are generally admissible if they meet the requirements for authenticity and relevance.
9. Standard of Proof
Criminal Law: In criminal matters, the prosecution must prove the defendant’s guilt beyond a reasonable doubt.
Civil Law: In civil cases, the party bringing the case must prove their claim by a preponderance of evidence, meaning that their evidence is more convincing than the opposing party's.
10. Judicial Discretion
Judges in PNG have significant discretion in determining the admissibility and weight of evidence. The Evidence Act provides guidelines, but much is left to the judgment of the court.
11. Appeals
Evidence presented at trial can be appealed in higher courts if there are procedural or legal errors that affect the trial’s outcome. In cases involving the admission or exclusion of evidence, appeals courts will review the decision to determine if there was a miscarriage of justice.
12. Presumption of Innocence
In criminal trials, the presumption of innocence is fundamental, and the prosecution must prove the case beyond reasonable doubt before any conviction can be made.
Overall, the law of evidence in Papua New Guinea closely follows the structure of the common law system, with a focus on the reliability and relevance of the evidence presented.
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