OpenLegislation

Article 95 Witnesses

Original text. Later amendments are not shown.

(1)

At the trial of an Assembly election petition witnesses shall be summoned and sworn in the same manner as nearly as circumstances admit as in an action tried in the High Court.

(2)

On the trial a member of the election court may, by order signed by him, require any person who appears to him to have been concerned in the Assembly election or return under section 9 of the 1998 Act to attend as a witness, and any person refusing to obey the order shall be guilty of contempt of court.

(3)

The election court may examine any person so required to attend or who is in court although he is not called and examined by any party to the Assembly election petition.

(4)

A witness may, after his examination by the court, be cross-examined by or on behalf of the petitioner and a respondent, or either of them.

(5)

The Director of Public Prosecutions shall without any direction from the court cause any person appearing to him to be able to give material evidence as to the subject of the trial to attend the trial and shall, with the leave of the court, examine him as a witness.