Re-hearing — admissibility of evidence — hearsay — unavailable witness — Evidence Act 2006, ss 4, 8, 16 & 18. The defendant had previously been convicted of assault, but because of a successful appeal the matter was transferred back to the District Court for re-hearing. Since the original hearing the complainant in the assault charge had died. The prosecution sought to have the complainant's evidence-in-chief and cross-examination from the original hearing put before the Court as hearsay evidence. The defendant opposed the application, arguing that it would be unfairly prejudicial to admit the evidence if he was unable to cross-examine the complainant. There was no dispute that the complainant was unavailable to give evidence, and the Court found that the circumstances in which the evidence was given provided reasonable assurance that it was reliable. There was also no risk that admitting the evidence would prolong the hearing or that it would unfairly prejudice the defendant. The application was allowed. Judgment Date: 14 January 2022.