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Certain matters and documents to be evidence.
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55.—The following provisions shall have effect with respect to evidence in proceedings under the Acts and this Act, whether before a civil court or a court-martial, that is to say:—
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(a) any agreement, attestation or other form or document purporting to be signed by any person upon his being attested as a soldier in any portion of the Defence Forces shall be evidence of the fact that such person gave, in answer to the questions set forth in such form or document, the answers he is therein represented as having given;
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(b) the enlistment of any person in the Forces or the Reserve of Men may be proved by the production, by a witness on oath, of a copy of such person's attestation, or agreement form, purporting to be certified to be a true copy by the officer having the custody of such original attestation or agreement form, without proof of the handwriting of such officer or of his having custody of such original form;
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(c) a letter, return, or other document, respecting the service of any person in, or the discharge of any person from, any portion of the Defence Forces, if purporting to be signed by or on behalf of the Minister, or the commanding officer of any portion of the Defence Forces to which such person appears to have belonged or alleges that he belongs or had belonged, shall be evidence of the relevant facts stated in such letter, return, or other document;
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(d) a Defence Force List or Defence Force Gazette printed under the superintendence or authority of and published by the Stationery Office shall be evidence of the status and rank of the officers therein mentioned and of any appointment held by such officers and of the Corps or battalion or the Corps or Service to which such officers belong;
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(e) when a record is made in one of the regimental books in pursuance of the Acts or any regulations made thereunder or otherwise in pursuance of military duty, and purports to be signed by the commanding officer, or by the officer whose duty it is to make such record, the following provisions shall have effect, that is to say:—
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(i) such record shall be evidence of the facts therein stated, and
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(ii) a copy of a record in any regimental book purporting to be certified to be a true copy by the officer having the custody of such book shall be evidence of such record;
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(f) any warrant or order made under the Acts by a military authority shall be deemed to be evidence of the matters therein directed to be stated by or in pursuance of the Acts, and any copy of such warrant or order purporting to be certified to be a true copy by the officer therein alleged to be authorised by the Minister to certify the same shall be admissible in evidence;
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(g) where the proceedings are proceedings against an officer or soldier (in this paragraph referred to as the accused) on a charge of being a deserter or absentee without leave, and the accused has been arrested by a member of the Gárda Síochána or any officer or soldier or has surrendered himself into the custody of an officer or any portion of the Defence Forces, a certificate purporting to have been signed by the member of the Gárda Síochána officer or soldier by whom the arrest was made or by the officer to whom the surrender was made or by the commanding officer of the portion of the Defence Forces to whom the surrender was made, and stating the fact, date, time and place of such arrest or surrender, and whether the accused so surrendering was dressed in uniform or not, at the time of arrest or surrender, shall be evidence of the matters so stated;
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(h) where the proceedings are proceedings against an officer or soldier on a charge of being a deserter or absentee without leave, and the officer or soldier has surrendered to any member of the Gárda Síochána a certificate purporting to be signed by such member or the person in charge of a Gárda Síochána station when such officer or soldier has been delivered into military custody by such person and stating the fact, date, time and place of such surrender, and whether the officer or soldier so surrendering was dressed in uniform or not at the time of surrender shall be evidence of the matters so stated;
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(i) when the proceedings are proceedings against an officer or soldier (in this paragraph referred to as the accused) on a charge of being a deserter or absentee without leave, and either the accused has been arrested by a member of the Gárda Síochána or an officer or soldier and brought to a Gárda Síochána station or has surrendered to a member of the Gárda Síochána at a Gárda Síochána station, a certificate purporting to be signed by the member of the Gárda Síochána in charge of such station at the time when the accused is delivered into military custody stating the fact, date, time, and place of arrest or surrender, and whether the accused was dressed in uniform or not at the time of arrest or surrender shall be evidence of the facts so stated.
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