S.L. 234.11 Art. 7Proceedings in Court.

(1) Notwithstanding the absence of any of the parties upon whom a notice of investigation has been served, the Court may proceed with the investigation at the place and time appointed for the holding of such investigation.

(2) The proceedings shall commence with the production of witnesses by the inquiring officer and their examination by him.

(3) Such witnesses, after being examired by the inquiring officer, may be cross-examined by the other parties in such order as the Court may direct, and may then be re-examined by the said officer.

(4) Questions asked and documents tendered as evidence in the course of the examination of witnesses shall not be open to objection merely on the grounds that they do or may raise questions which are not contained in, or which vary from, the statement of the case, or questions specified in the notice of investigation or subsequent notices referred to in sub-rule 4(3).

(5) When the examination of the witnesses produced by the inquiring officer has been concluded, the inquiring officer shall state in Court the questions in reference to the casualty and to the conduct of the officers of the ship or other persons connected therewith upon which the opinion of the Court is desired, and, in framing the questions for the opinion of the Court, the inquiring officer may make such modifications in, additions to, or omissions from the questions in the notice of investigation or subsequent notices referred to in sub-rule 4(3) as, having regard to the evidence which has been given, the inquiring officer may think fit.

(6) After the questions for the opinion of the Court have been stated, the Court shall proceed to hear the parties to the investigation, and determine upon the questions so stated.

(7) Each party to the investigation shall be entitled to address the Court, either personally or through an advocate, to produce witnesses, or recall any of the witnesses who have already been examined for further examination, and generally to adduce evidence.

(8) The parties shall be heard and their witnesses shall be examined, cross-examined and re-examined in such order as the Court may direct.

(9) Any of the parties may also, with the permission of the Court, produce and examine further witnesses, who shall be subject to cross-examination and re-examination.

(10) When the whole of the evidence in relation to the questions for the opinion of the Court has been concluded, any of the parties who desire so to do may address the Court upon the evidence.

(11) The Court may adjourn the investigation from time to time and from place to place.

(12) The decision of the Court shall always be given in writing and read in open court.

(13) At the conclusion of the investigation, the Court shall report to the Prime Minister, and the report shall be in the Form No. 2 in the First Schedule, with such modifications as circumstances may require.

(14) The Court may order that the costs and expenses of the investigation, or any part thereof, be paid by any of the parties to the proceedings.