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Part X · Testimony Through Contemporaneous Audio-Visual Linkage

84. Court or Commission to be satisfied with technical and other requirements

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

A court or Commission may permit to give or obtain any evidence or make any statement, or obtain and record any evidence or statement through contemporaneous audio-visual linkage from a remote location, only if it is satisfied that the technical requirements specified below are met: -

(a)

the premises in which the court or Commission sits and the remote location are equipped with adequate facilities that-

(i)

enable the persons who are directly relevant to the proceedings and present at such premises, to see and hear the persons who are directly relevant to the proceedings and present at such remote location; and

(ii)

enable the persons who are directly relevant to the proceedings and present at such remote location, to see and hear the persons who are directly relevant to the proceedings and present at such premises;

(b)

any requirement that may be prescribed by rules of the court or Commission, for or with respect to -

(i)

the form of audio-visual linkage;

(ii)

the equipment or class of equipment used to establish the linkage;

(iii)

the layout of cameras;

(iv)

the standard or speed of transmission;

(v)

the quality of communication; and

(vi)

any other matter relating to the linkage; and

(c)

any other requirement that the presiding judge,

Magistrate, or Commission may deem necessary:

Provided however, the requirements that may be imposed by the presiding judge, Magistrate or

Commission under this paragraph shall not be inconsistent with any provision contained in this section.