Article 12 Evidence

Subject to paragraph (4) of this rule, every party appearing before the tribunal may give evidence and call witnesses, and shall be entitled to cross-examine any other witness and re-examine his own witnesses after cross-examination.

The tribunal may consider any representations submitted to the Controller in the course of the proceedings before him and any other written evidence or documents given or supplied in the course of those proceedings and may inspect any plants or plant material made available by the Controller or, subject to paragraph (4) of this rule, by any person entitled to appear and be heard.

The tribunal may call a witness who may, after giving evidence, be cross-examined by any party.

The tribunal may refuse to consider any documents or to inspect any plants or plant material not submitted with or sufficiently described in any notice of appeal or in a notice under rule 5(1) or statement under rule 17(1) and may refuse to hear any witness (other than a party to the appeal) who has not been named in any such notice or statement.

The tribunal may require any witness to give evidence on oath or affirmation, to be administered by the chairman.

The tribunal shall not be bound to reject any evidence on the ground only that it would be inadmissible in a court of law.