CHAIRPERSON
Well since I understand the criteria, one of them is that the witness who made the statement must be shown to be unavailable to give evidence, he himself or herself, and secondly, if it is in the interest of justice to allow the evidence, and thirdly, one has to consider how prejudicial the evidence is.  But at the end of the day it's a discretionary matter as to whether or not that has to be led and I'm satisfied that it doesn't fall within any of those.  The Acts asks us for our discretionary ...(intervention)