"10A (a) A written statement given by a witness outside the court will be admissible as evidence in the proceeding Criminal if the following are met:
(1) the giving of the statement was proved in the trial;
(2) The person who gave the statement is a witness in the trial and the parties were given an opportunity to cross-examine;
(3) The testimony is different, in the opinion of the court, from the statement of the witness in a substantive detail, or the witness Denies the content of the statement or claims that he does not remember its contents.
(b) The court may accept a statement as stated in subsection (a) even if the person who gave the statement is not a witness, whether because he refuses to testify or is unable to testify, or because he cannot be brought to the court because he is not alive or cannot be found, provided that the court is convinced that the circumstances of the case indicate that an improper means was used to dissuade or prevent the person who made the statement from giving the testimony.
(c) The court may rely its findings on a statement that was accepted under this section, or part thereof, and it may prefer the statement to the testimony of the witness, all if it deems it necessary to do so in light of the circumstances of the case, including the circumstances of the statement, the evidence presented at trial, the conduct of the witness at trial, and the signs of truth discovered during the trial, and the reasons will be recorded.
(d) A person shall not be convicted on the basis of a statement made under this section unless there is something in the evidence to support it."
- Where the giving of the statement has been proven, the person who gave the statement is a witness in the trial and the parties have been given an opportunity to cross-examine him, and the testimony of the person who gave the statement differs from the statement in a substantive detail, and after it has been clarified that the conditions listed have been met In section 10a(a) The order paved the way for the submission of the witness's foreign statements as admissible evidence at trial, and for the purpose of discussing this possibility, the witness's statements were submitted and marked P/211 - P/218.
Therefore, we are now faced with the question of whether there is room to prefer the statements of the witness to the police over his testimony in court. In this context, we are instructed Section 10A(c) to the Ordinance, that the court must record its reasons for this, insofar as it decides to do so. Among the other considerations that the court will examine when making use of this section, see those listed in subsection C above.