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Misconduct of civilian witness at Court-Martial.
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109.—(1) Where any person not subject to military law commits any of the following offences, that is to say:—
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(a) On being duly summoned as a witness before a Court-Martial, and after payment or tender of the reasonable expenses of his attendance, makes default in attending; or,
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(b) Being in attendance as a witness—
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(i.) Refuses to take an oath legally required by a Court-Martial to be taken; or,
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(ii.) Refuses to produce any document in his power, possession or procurement legally required by a Court-Martial to be produced by him; or,
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(iii.) Refuses to answer any question to which a Court-Martial may legally require an answer.
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the President of the Court-Martial may certify the offence of such person under his hand to any Court of Law in Saorstát Eireann which has power to punish witnesses if guilty of a like offence in that Court, and that Court may thereupon inquire into such alleged offence, and after examination of any witnesses that may be produced against or for the person so accused, and after hearing any statement that may be offered in defence, if it seem just, punish such person in like manner as if he had committed such offence in a proceeding in that Court.
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(2) Where a person not subject to military law when examined on oath or solemn declaration before a Court-Martial wilfully gives false evidence, he shall be liable on indictment or information to be convicted of and punished for the offence of perjury.
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(3) Where a person not subject to military law is guilty of any contempt towards a Court-Martial, by using insulting or threatening language, or by causing any interruption or disturbance in its proceedings, or by printing observations or using words calculated to influence the members or witnesses before such Court-Martial, or to bring such Court into disrepute, the President of the Court-Martial may certify the offence of such person under his hand, to any Court of Law in Saorstát Eireann, which has power to commit for contempt and that Court may thereupon enquire into such alleged offence, and after hearing any witnesses that may be produced against or on behalf of the person so accused, and after hearing any statement that may be offered in defence, punish or take steps for the punishment of such person in like manner as if he had been guilty of contempt of that Court.
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