|322A||Title:||GOVERNMENT FLYING SERVICE (DISCIPLINE) REGULATION||Gazette Number:|
(1) The Senior Officer appointed by the Controller to hear and determine a charge shall constitute the disciplinary tribunal.
(2) The member charged shall attend before the disciplinary tribunal at the place of hearing at the time of which notice has been given.
(3) The disciplinary tribunal shall read the charge to the member charged who may change his plea.
(4) If the member charged pleads guilty, the disciplinary tribunal shall enter the plea on the record and ask the member if he wishes to make a statement.
(5) The member may then make a statement, which shall be recorded, or may hand in a statement of matters which he desires to be taken into consideration.
(6) If a member charged has pleaded not guilty to a charge, the prosecutor may make an address setting out generally the facts of the case and may call witnesses in support of the charge.
(7) On the conclusion of the evidence of each witness the member charged, or the member defending him, may cross-examine the witness and the prosecutor may re-examine the witness.
(8) The disciplinary tribunal may take the evidence of a witness by reference to a written statement made by him which the witness may amend or add to and be cross-examined on at the hearing.
(9) When the prosecutor has examined all witnesses in support of the charge the member charged, or the member defending him, may address the disciplinary tribunal only for the purpose of showing that the prosecutor has not established a prima facie case.
(10) If the disciplinary tribunal considers that the prosecutor has established a prima facie case, the disciplinary tribunal shall ask the member charged whether he wishes to give evidence, and whether he wishes to call witnesses.
(11) If the member charged, or any witness on his behalf, gives evidence, the prosecutor may cross-examine him and his witnesses and the member and his witnesses may be re-examined. (L.N. 119 of 1993)
(12) At the conclusion of all the evidence the prosecutor may address the disciplinary tribunal and then the member charged, or the member defending him, may make an address in reply.
(13) The member charged, the member defending him and the prosecutor shall be entitled to inspect any exhibit produced by a witness.
(14) The disciplinary tribunal shall be entitled to ask such questions of any witness as it considers will assist in determining the issues raised and may call such witnesses at any time as it considers may be able to assist in the determination of the issues.
(15) The disciplinary tribunal may adjourn hearing of the case from time to time as it considers necessary for the proper determination of the proceedings.
(16) The disciplinary tribunal shall take, or cause a person to take, a record of the proceedings at the hearing of the case.
(17) If the member charged wishes to appeal under section 21, he may request a copy of the record and the disciplinary tribunal shall transcribe the record and supply a copy to the member.
(18) The disciplinary tribunal shall not take evidence on oath.