CRIMINAL PROCEDURE AND EVIDENCE ACT (4) Nothing in this section shall prevent the magistrate from confirming the accused's statement in the meantime according to any other sufficient evidence taken by him or her. (5) No person shall be bound to produce at confirmation proceedings any document or thing not specified or otherwise sufficiently described in the subpoena unless he or she actually has it with him or her. [Section inserted by s. 6 of Act No. 9 of 2006] 114 [Section repealed by s. 7 of Act No. 9 of 2006] 115 Failure to mention fact relevant to allegation may be used as evidence If an accused alleges during the course of any criminal proceedings that a statement allegedly made by him which is tendered by the State in evidence was not made by him or was not made freely and voluntarily without his having been unduly influenced thereto and it is proved by the State that— (a) the same statement was produced in terms of subsection (2) of section one hundred and thirteen; and (b) the accused, when requested to do so in terms of subsection (4) of that section, failed to mention any fact, being a fact which, in the circumstances existing at the time, he could reasonably have been expected to have mentioned; the magistrate or the court, as the case may be, in determining whether the statement was made by the accused or is admissible, may draw such inferences from the failure as appear proper and the failure may, on the basis of such inferences, be treated as evidence corroborating any other evidence given against the accused. 115A Verification of witnesses’ depositions in certain circumstances (1) Where, at any time before an accused is brought to trial for an offence, a witness has made a deposition giving material information relating to the offence, and it appears to the prosecutor that⎯ (a) the witness is dangerously ill; or (b) the evidence of the witness is given in his or her capacity as an expert witness, and that the nature of the witness’s professional commitments is such as to render it difficult to secure his or her attendance at the trial on any given day; or (c) for any other reason it may not be possible to secure the attendance of such witness at the trial; the prosecutor may, if so authorised by the Prosecutor-General, make an urgent ex parte application to a magistrate in chambers for an order to verify the deposition in terms of this section. [Subsection amended by s. 33 of Act No. 5 of 2014 with effect from 2.1.2015] (2) An application in terms of subsection (1) shall be accompanied by⎯ (a) the deposition referred to in subsection (1); and (b) a statement of the reasons why it appears to the prosecutor that it is necessary for the deposition to be verified in terms of this section. (3) If the magistrate grants leave in terms of subsection (1), the magistrate shall, by written order delivered by hand to the accused or his or her legal representative, if any⎯ (a) summon the accused and his or her legal representative, if any, to attend a conference to be held in private at the time and place (being a magistrates court or any other place selected by the magistrate for the purpose) specified in the order for the purpose of verifying the witness’s deposition in the presence of the magistrate, the prosecutor, the witness and any police officer concerned with the investigation of the alleged offence: Provided that— (i) the accused or his or her legal representative, if any, shall have not less than three days’ notice (including Saturdays, Sundays and public holidays) of the time and place of the conference; and 53