First-hand hearsay

(1) Notwithstanding anything to the contrary contained in this Act or any other law, but subject to sub-sections (4) and (5) of this section, a statement made by a person in a document shall be admissible in criminal proceedings (including a preliminary inquiry) as evidence of any fact of which direct or oral evidence by him would be admissible ifFirst hand hear- say. (a) the requirements of one of the paragraphs of sub- section (2) are satisfied; and (b) the requirements of sub-section (3) are satisfied. (2) The requirements mentioned in sub-section (1) (a) are– (a) that the person who made the statement is dead or by reason of his bodily or mental condition unfit to attend as a witness; (b) that– (i) the person who made the statement is outside Belize; and (ii) it is not reasonably practicable to secure his attendance; or 58 (c) that all reasonable steps have been taken to find the person who made the statement but that he cannot be found; (d) that through fear of death or bodily injury, to him or her or to a member or members of his or her family, the person is unwilling to give or to continue to give oral evidence. (3) The requirements mentioned in sub-section (1)(b) are that the statement to be tendered in evidence contains a declaration by the maker and signed before a magistrate or a justice of the peace to the effect that it is true to the best of his knowledge and belief and that he made the statement knowing that if it were tendered in evidence he would be liable to prosecution if he wilfully stated in it anything which he knew to be false or did not believe to be true. (4) Sub-section (1) does not render admissible an admission or confession made by an accused person that would not be admissible except in accordance with section 90(2). (5) Section 85 shall apply as to the weight to be attached to any statement rendered admissible as evidence by virtue of this