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Documentary evidence
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62. The Act of 1942 is amended by the insertion of the following section after section 33BA:
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“33BAA. (1) Subject to this section, information contained in a document shall be admissible in an inquiry under this Part, on or after the submission date, as evidence of any fact in the document of which direct oral evidence would be admissible.
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(2) Subsection (1) applies only if the information—
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(a) was compiled in the ordinary course of a business,
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(b) was supplied by a person (whether or not the person who compiled it, and whether or not identifiable) who had, or may reasonably be supposed to have had, personal knowledge of the matters dealt with, and
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(c) in the case of information in non-legible form that has been reproduced in permanent legible form, was reproduced in the course of the normal operation of the reproduction system concerned.
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(3) Information contained in a document is not admissible in evidence by virtue of subsection (1) unless the participant proposing to give it in evidence serves on each of the other participants a notice in writing which—
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(a) states the intention of the participant giving the notice to give the information in evidence by virtue of subsection (1),
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(b) specifies as the submission date a date not less than 21 days after the date on which the notice is served, and
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(c) is accompanied by a copy of the document.
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(4) If a participant on whom a notice has been served under subsection (3) serves on each of the other participants, not later than 7 days before the submission date, a notice in writing objecting to the admission in evidence of the whole or any specified part of the information concerned, the person presiding at the inquiry shall determine the matter.
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(5) In making a determination under subsection (4), the person presiding at the inquiry shall consider whether in the interests of justice all or any part of the information ought not to be admitted in evidence having regard to all the circumstances, including—
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(a) whether or not, having regard to the contents and source of the information and the circumstances in which it was compiled, it is a reasonable inference that the information is reliable,
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(b) whether or not, having regard to the nature and source of the document containing the information and to any other circumstances that appear to the person presiding at the inquiry to be relevant, it is a reasonable inference that the document is authentic, and
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(c) any risk that its admission or exclusion will result in unfairness to any participant, having regard in particular to whether it is likely to be possible to controvert the information where the person who supplied it does not attend to give oral evidence in the proceedings.
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(6) In estimating the weight, if any, to be attached to information given in evidence by virtue of this section, regard shall be had to all the circumstances from which any inference can reasonably be drawn as to its accuracy or otherwise.
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(7) Subsection (1) applies to information compiled in the ordinary course of a business—
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(a) notwithstanding that the business may have ceased to exist, and
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(b) in the case of a business carried on outside the State, notwithstanding that any director, manager or other similar officer who may act on behalf of the business is not compellable to give evidence in a court in the State.
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(8) Subsection (1) applies where the document is a copy, if the copy is authenticated in such manner as the person presiding at the inquiry may approve.
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(9) Where information is admissible in evidence by virtue of this section but is expressed in terms that are not intelligible to the average person without explanation, an explanation of the information shall also be admissible in evidence if either—
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(a) it is given orally by a person who is competent to do so, or
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(b) it is contained in a document and the document purports to be signed by such a person.
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(10) Nothing in this section prevents information contained in a document from being admitted in evidence with leave of the person presiding at the inquiry.
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(11) In this section—
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‘participant’ means the Bank or a person to whom the inquiry relates;
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‘submission date’ means the date specified in accordance with subsection (3)(b).”.
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