Report No. 185

Section 145

We agree with the recommendation in para 81.27 of the 69th report that the following subsections (2) and (3) be added after numbering the existing provisions of section 145 as subsection (1):

"(2) Where a witness is sought to be contradicted by his previous statement in writing by a party entitled to produce secondary evidence of the writing in the circumstances of the case, his attention must, before such secondary evidence can be given for the purpose of contradicting him, be called to so much of it as is to be used for the purpose of contradicting him.

(3) If a witness, upon cross-examination as to a previous oral statement (including a statement recorded by mechanical process or through electronic means) made by him relevant to matters in question in the suit or proceeding in which he is cross-examined and where such a statement is inconsistent with his present evidence, denies that he made the statement or does not distinctly admit that he made such statement, proof may be given that he did in fact make it, but before such proof can be given, the circumstances of the supposed statement sufficient to designate the particular occasion must be mentioned to the witness, and he must be asked whether or not he made such statement."