'Rights during trial - examine witnesses' in document 'Papua New Guinea - Constitution'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART III. – BASIC PRINCIPLES OF GOVERNMENT.

Division 3. – Basic Rights.

Subdivision B. – Fundamental Rights.

37. PROTECTION OF THE LAW.

(4) A person charged with an offence–

(f) shall be afforded facilities to examine in person or by his legal representative the witnesses called before the court by the prosecution, and to obtain the attendance and carry out the examination of witnesses and to testify before the court on his own behalf, on the same conditions as those applying to witnesses called by the prosecution.

RELEVANT ROME STATUTE PROVISIONS

Article 67
Rights of the accused
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute