'Rights during trial - burden of proof' in document 'Trinidad and Tobago - Mutual assistance act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER 11:24

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT

PART III
REQUESTS BY COMMONWEALTH COUNTRIES TO TRINIDAD AND TOBAGO FOR ASSISTANCE

23. Assistance to country in obtaining evidence.

(2) A person, from whom evidence is taken in Trinidad and Tobago pursuant to a request for assistance under this section by a Commonwealth country—

(a) may refuse to answer any question if—
(i) the refusal is based on the laws of Trinidad and Tobago;
(ii) to answer the question would constitute a breach of a privilege recognised by the laws of the Commonwealth country; or
(iii) to answer the question would constitute the commission by the person of an offence against the laws of the Commonwealth country; and

(b) shall not be compelled to give evidence for the purposes of, or in connection with, any criminal proceedings other than those to which the request relates.

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:
(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal