Law of Evidence DOCUMENTRY EVIDENCE 30/11/2014

Documentary evidence DOCUMENT: an instrument on which is recorded, by man of letters, figures, or marks, matter which may be evidentially used. DOCUMENTARY EVIDENCE: is evidence supplied by writings and documents of every kind in the widest sense of the term; evidence derived from conventional symbols (such as letters) by which ideas are represented on material substances

Such evidence as is furnished by written instrument, inscriptions, documents of all kinds, and also any inanimate objects admissible for the purpose, as distinguished from ‘oral’ evidence. So the word ‘document’ include: written documents, maps, plans, graphs, drawings, discs, audio tape, photographs, video tape and films. But the Somali criminal procedure code states that a document means any written communication.

Classification of documents Documents are divided into two categories: Public documents Private documents

Proof of public documents Public documents are admissible on grounds that the facts which they contain are of public interest and the contents were made in the course of official duty by duly authorized agents of public. Providing a document is by the production of original document (primary evidence) or certified copy thereof (secondary evidence) for the inspection of the court. Art.170 cpc

Proof of private documents Before any private document may be admitted into evidence, it must be proved to be genuine, that is, to be what it purports to be. The genuineness of Private documents will be proved by any of the following three ways: 1) Testimonial evidence: evidence of whose handwriting is in Issue or other person (witness)

Proof of private documents 2) Opinion evidence: by who acquaints the writings or signature of the person. 3) comparison: compared to the documents signed by or written by the person whose handwriting is in issue

Proof of contents of a document Primary evidence: the contents of a document can be proved by adducing the original document itself. Secondary evidence: Contents of documents may be proved by secondary evidence where primary evidence could not be found (i.e., a copy).

Admissibility of extrinsic evidence Extrinsic (parole) evidence is not admissible to contradict, vary, add to or subtract from the terms of a written contract or the terms in which the persons have deliberately agreed to record any party of their contract.

The end Any question so far?