Entire Section

  • Evidence

    • 50.

      The Hearing Panel may receive and consider any material by way of oral evidence, written statements or documents, even if such material may not be admissible in evidence in civil or criminal proceedings in a court of law.

    • 51.

      The Hearing Panel shall determine the proceedings brought before the FMT on a balance of probabilities.

    • 52.

      The Hearing Panel may control the evidence by giving directions as to:

      (a) the issues on which it requires evidence;
      (b) the nature of the evidence which it requires to decide those issues; and
      (c) the way in which the evidence is to be placed before the Hearing Panel.

    • 53.

      A party may not without the permission of the Hearing Panel adduce any written or oral evidence which has not previously been disclosed to all other parties to the proceedings (in the case of oral evidence, in the form of a witness statement or expert opinion).

    • 54.

      The Hearing Panel may dispense with the need to call a witness to give evidence if a witness statement or expert opinion has been submitted in respect of that witness.