Giving depositions in evidence at trial

(1) Where any person has been committed for trial for any crime, the deposition of any person may, if the conditions set out in sub-section (2) are satisfied, without further proof be read as evidence at the trial of that person, whether for that crime or for any other crime arising out of the same transaction or set of circumstances as that crime, provided that the court is satisfied that the accused will not be materially prejudiced by the reception of such (2) The conditions hereinbefore referred to are that the deposition must be the deposition either of a witness whose attendance at the trial is stated by or on behalf of the Director of Public Prosecutions to be unnecessary in accordance with section 55 or of a witness who is proved at the trial by the oath of a credible witness to be dead or insane, or so ill as not to be able to travel or is absent from Belize. (3) This section shall not have effect in any case in which it is proved that the deposition is the deposition of a witness whose attendance at the trial is stated to be unnecessary as provided by section 55 and the witness has been duly notified that he is not required to attend the trial. (4) It shall be sufficient evidence of absence from Belize, within the meaning of this section, to prove that the deponent was seen boarding a vessel or aircraft bound for some port or place beyond Belize, and that on inquiry being made for the deponent before the trial at his last or most usual place of abode or business he could not be found. (5) If it is made to appear to the court that the witness who made any deposition aforesaid, may within a reasonable time, be capable of attending to give evidence or that the ends of justice require that the witness should be examined personally before the jury, the court may postpone the trial on any terms it thinks fit.