Introduction  This appeal concerns the dismissal of ten employees by the respondent on 25 August The ground for dismissal was misconduct in the form of insubordination.
Such depositions may be taken in the course of the preliminary examination before the district justice or at any other time where a justice is of opinion that a prospective witness may be unable to attend to give evidence at the trial. However, except in cases where the deponent is dead, a deposition taken at a preliminary examination may not be read unless the accused consents and the trial judge has a residual discretion not to allow other depositions taken from persons still living to be read if he considers that to do so would not be in the interests of justice.
Larkin 39 I. The Coroners Act contains no provision on the matter.
It has been held that no such order should be made where the evidence goes to the gist of the action. O'Grady and Thompson  Ir. Paul 15 I. Several classes of 17 The following Irish cases on the taking of evidence on commission should be noted: Graffeo unreported, Supreme Court, Rec.
In general, the evidence of a crucial witness may not be given in this way unless, not being compellable, he refuses to attend to testify.
This will only be granted in cases of absolute necessity as where the deponent is dead, or too ill to give evidence.
In the absence of any agreement in writing between the Solicitors for all parties, and subject to these Rules and the law of evidence, the witnesses at the trial of any action shall be examined viva voce on oath and in open Court, but the Judge may at any time for such reasons as he thinks right order that any writing an appeal letter against dismissal without leave fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing or trial on such conditions as the Judge may think reasonable, provided that where it appears to the Judge that the other party bona fide desires the production of a witness for cross-examination, and that such witness can be produced, an order shall not be made authorising the evidence of such witness to be given by affidavit In any action, proceeding, or matter, where it shall appear necessary for the purposes of justice, an order may be made for the examination upon oath before the Court, or before any officer in the Office and nominated by the County Registrar, or by the Judge, or before any other suitable person, and at any convenient place, of any witness or person, and the order may empower any party to any such action, proceeding, or matter, to give such examination or deposition in evidence therein on such terms, if any, as the Judge may direct.
There is no general provision for the reception of evidence on affidavit or the taking of evidence on commission in the District Court Rules, rule 6 1 of which provides: Save where any enactment or rule otherwise provides the evidence of all witnesses in the District Court shall be given viva voce and on oath.
But, as often happens, rules of law have become cut off from their original rationale and the exceptions have been restricted to the rigid categories stated, many of which are subject to still further limitations.
In England, in Myers v. Director of Public Prosecutions  A. In Ireland, while no such rigid position has been taken, there has been no indication that the courts do not believe themselves in principle limited to the existing exceptions to the hearsay rule.
It is possible to list numerous examples of logically probative evidence which would be excluded by the operation of the rule against hearsay and would not fall within any of the existing exceptions. Ulster Spinning Company Ltd. In his judgment in the Court of Appeal, Cherry L. It is an additional part of the statement as to the nature of the injury.
However, the English decisions that have been cited hold otherwise and must be followed by us. It will have the effect of shutting out hundreds of cases where no other evidence of the nature of the injury is obtainable. Examination of the English cases reveals other varied examples of the exclusion of logically probative evidence on the basis of the hearsay rule.
In an old case on a mortgage deed, where the defendant pleaded that the deed had been fraudulently altered by one of the attesting witnesses who had since died, it was held that evidence of statements by the attesting witness in question admitting such alterations was inadmissible Stobart v.
Dryden 1 M. In an action for the price of goods sold, where infancy was the defence, a statement by the defendant's deceased father as to the infant's date of birth which had been made in an affidavit in a previous action between different parties was held not admissible Haines v.
Guthrie 13 Q. Kerrigan  2 I. See also Shea v. Palmer 18 L. Thomson  3 K. Customs Comptroller  A.
Metcalfe  3 All E. McLean 52 Cr. In each case the eye-witness had forgotten the number at the time of the trial and it was held that neither the note nor the evidence of the bystander who made it could be given in evidence to identify the car.
Metcalfe  3 All. While there is in law no discretion to admit 21 Cf. O'Linn 1 S. In criminal cases an appeal may be dismissed if the appeal court considers that no miscarriage of justice has actually occurred notwithstanding its opinion that the point raised in the appeal should be decided in favour of the accused.
Nevertheless, the situation cannot be regarded as satisfactory. The exclusion of evidence at first instance is rarely reported, especially in jury trials, unless an appeal is brought.
Also 22 Commenting on the equivalent English provision, which is commonly called 'the proviso', Professor Sir Rupert Cross remarks:Get the latest international news and world events from Asia, Europe, the Middle East, and more.
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the supreme court of appeal of south africa. judgment. case no.: / not reportable. in the matter between: national union of public service & allied workers union (‘nupsawu’).
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|Article (2)||Among the Romans this letter was used in criminal trials. The judges were furnished with small tables covered with wax, and each one inscribed on it the initial letter of his vote; A, when he voted to absolve the party on trial; C, when he was for condemnation; and N L, non liquet when the matter did not appear clearly, and be desired a new argument.|
|Abbie Conant in the Munich Philharmonic||We look at when employers need to provide a departing employee with a written statement of reasons for the dismissal.|
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Bigamy. No married person shall marry another or continue to cohabit with such other person in this state.