Law of Evidence at Mauritius
Mauritius follows a legal system rooted in English common law, with specific adaptations to suit its unique context. The law of evidence in Mauritius is primarily governed by the Courts Act 1945, which incorporates English law as it stood in 1945, along with local statutes and civil law principles.
⚖️ Legal Framework for Evidence
1. Courts Act 1945
Section 162 of the Courts Act stipulates that the English law of evidence, as it existed in 1945, shall apply in all courts of Mauritius, except where otherwise provided by local laws. This means that principles such as the burden of proof, admissibility of evidence, and rules regarding witnesses are largely derived from English common law. However, over time, certain provisions have been incorporated into the Courts Act itself, particularly in Sections 164–187 .
2. Local Statutes and Civil Code
In addition to the Courts Act, local statutes and the Mauritian Civil Code play a role in shaping the law of evidence. For instance, the Civil Code outlines rules regarding contracts, obligations, and property, which influence how evidence is presented and evaluated in civil matters.
🧾 Types of Evidence
1. Oral and Written Testimony
Evidence in Mauritius can be presented orally (viva voce) or in writing (affidavits). Section 161 of the Courts Act defines "evidence" to include testimony upon oath or solemn affirmation given viva voce or by affidavit in writing, as well as unsworn personal answers of parties to trials .
2. Documentary Evidence
Documents are admissible as evidence if they are relevant and authentic. Section 181 of the Courts Act allows for the admissibility of copies of documents, provided they are authenticated in a manner deemed fit by the court. Additionally, the Courts Act makes provisions for the admissibility of certain items, such as copies or prints made from microfilms, out-of-court statements, documents compiled by a person acting under a duty, and statements produced by computers
3. Real Evidence
Physical objects presented in court must be relevant, material, and authentic. The process of establishing these prerequisites is known as "laying a foundation," which involves calling witnesses to establish the item's chain of custody
🧑⚖️ Rules of Admissibility
Mauritian courts generally adhere to the principle that only relevant and admissible evidence should be considered. However, there are exceptions and nuances:
Hearsay Rule: The common law rule against hearsay is not absolute. For instance, sound recordings of admissions by an accused person are admissible, even if they would typically be considered hearsay .
Public Policy Exclusions: Certain types of evidence are excluded on grounds of public policy, such as cabinet minutes or matters related to national security .
Improperly Obtained Evidence: Evidence obtained through illegal means may be excluded if its admission would result in an unfair trial .
🧑⚖️ Role of Witnesses and Expert Testimony
Competency of Witnesses: In criminal cases, every person charged with an offence, and their spouse, is a competent witness for the defence at every stage of the proceedings. However, a person charged cannot be called as a witness except upon their own application .
Expert Testimony: Each party may call its own expert witnesses, and the court does not typically seek expert testimony on its own initiative. Parties may agree to file joint expert reports .
🧾 Presumptions and Burden of Proof
Burden of Proof: In criminal cases, the prosecution bears the burden of proving the accused's guilt beyond a reasonable doubt. In civil cases, the plaintiff must prove their case on a balance of probabilities .
Presumptions: The law recognizes both rebuttable and irrebuttable presumptions. For example, a presumption of paternity arises when a child is born to a married woman, and this presumption is generally irrebuttable .
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