38.Article 20sets out a series of categories under which first hand hearsay evidence, whether oral or documentary, will be admissible, provided that the witness is unavailable to testify for a specified reason.
39.The specified reasons are that the person is:
Dead;
Unfit because of bodily or mental condition;
Absent abroad;
Disappeared; or
Unwilling to give evidence through fear.
40.A number of conditions apply to the admissibility of such evidence.