9.—(1) A deposition taken on the preliminary investigation of an indictable offence may, subject to subsection (2), be read as evidence at the trial of the accused if it is proved that—
(a) the deponent is dead or insane or so ill as to be unable to attend the trial, and
(b) the deposition was taken in the presence of the accused, and
(c) the accused or his counsel or solicitor had an opportunity of cross-examining the deponent.
(2) In the case of the deponent's insanity or illness the deposition shall not be read without the accused's consent.
