Jurisdictions Clarify Relevance of Evidence

A review of legal provisions across five Pacific Island jurisdictions has revealed varying approaches to defining relevant evidence. While all five jurisdictions - Federated States of Micronesia, Palau, Republic of Marshall Islands, Solomon Islands, and Tonga - generally allow relevant evidence to be admitted in court, the specific definitions and exceptions differ.

Defining Relevant Evidence

In the Federated States of Micronesia, Palau, and Republic of Marshall Islands, relevant evidence is defined as any information that has a tendency to make a fact more or less probable than it would be without such evidence. In contrast, Tonga’s legal framework defines relevant evidence as any document or record that is material to the issue in question.

The Solomon Islands have a more nuanced approach, with different rules applying depending on whether the evidence is being tendered in civil or criminal proceedings.

Exceptions to Hearsay Rule

In addition to clarifying the definition of relevant evidence, several jurisdictions have also outlined exceptions to the hearsay rule. In Tonga, for example, an exception applies where a document forms part of a record kept by a person, body, or organization in the course of their business. Similarly, in the Solomon Islands, evidence from a banker’s record is admissible if it tends to prove that there was no record kept of a particular event.

Banker’s Records

The Solomon Islands and Tonga have also established specific rules governing the use of banker’s records as evidence. In both jurisdictions, such records can be tendered in evidence without the need for the bank officer who prepared the record to appear in court. However, the Solomon Islands impose stricter requirements on when a bank may be compelled to produce its records, requiring a special order from the court.

Conclusion

These exceptions and rules demonstrate the varying approaches taken by Pacific Island jurisdictions to defining relevant evidence and handling hearsay evidence. As such, they highlight the importance of understanding local legal frameworks in order to effectively present cases before these courts.