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Deposition as evidence.
[1951, s. 9].
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15.—(1) A deposition taken under section 7 or 14 may, subject to subsection (2), be read as evidence at the trial of the accused if it is proved that—
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(a) the deponent is dead or unable to attend or prevented from attending to give evidence at the trial, and
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(b) the deposition was taken in the presence of the accused, and
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(c) an opportunity was given for the cross-examination and re-examination of the deponent.
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(2) Except in the case of the deponent's death—
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(a) a deposition taken under section 7 on the application of the prosecutor shall not be read unless the accused consents;
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(b) a deposition taken under section 14 shall not be read if the trial judge considers that to do so would not be in the interests of justice.
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