CHAPTER 11:24

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT

PART VI
MISCELLANEOUS

35. Proof.

(1) In any relevant proceedings—

(a) a document that is duly authenticated is admissible in evidence; and
(b) a relevant certificate shall be received as conclusive proof of the matters certified in the certificate.

(2) A document is duly authenticated for the purposes of subsection (1)(a) if it purports to be—

(a) signed or certified by a judge or magistrate of a Commonwealth country making a request;
(b) authenticated by the oath of a witness, or of a public officer of a Commonwealth country making a request; or
(c) sealed with an official or public seal of a Minister or of a department or public office of the Government, of such a country; or
(d) proved by an affidavit sworn, or statutory declaration made, before a commissioner or person authorised to take affidavits or statutory declarations in such country.

(3) Nothing in this section operates to prevent the proof of any matter, or the admission of any document, in accordance with the written laws of Trinidad and Tobago.

(4) In this section— “relevant certificate” means a certificate given—

(a) by the central authority for a Commonwealth country for the purpose of criminal proceedings instituted in or property derived or obtained from a serious offence in that country;
(b) by the Attorney General of a Commonwealth country for the purposes of section 29(1)(a), 31(1)(a) or paragraph 8(d) of the First Schedule; or
(c) by the Attorney General for the purposes of section 34; “relevant proceedings” means a proceeding under or pursuant to this or any other Act arising directly or indirectly from a request for assistance under this Act made by a Commonwealth country.