CRIMINAL PROCEDURE AND EVIDENCE ACT [Subsection as amended by s. 28 of Act No. 9 of 2006] (2) A photograph or plan relating any matter which is relevant to the issue in any proceedings shall be admissible in evidence at any stage of such proceedings subject to the conditions that— (a) any person who is a competent and compellable witness in such proceedings and upon whose indications or observations such photograph or plan was taken or prepared shall be called as a witness, either before or after such photograph or plan is put in by the party tendering such evidence; or (b) the evidence of such person is admitted in terms of section two hundred and fifty-five. 280 [Section repealed by s. 24 of Act No. 9 of 2006] 281 Admissibility of documents transmitted to or made or possessed by accused (1) In this section— “document” includes any thing on or in which information is recorded; “statement” includes any representation of fact, whether made in words or figures or otherwise. (2) If, in any criminal proceedings against any person, direct oral evidence of a fact would be admissible, any statement of such fact contained in any document, whether such document purports to be an original or a copy, which— (a) was made or kept by; or (b) is proved to have been in the course of transmission to or at any time in the custody or under the control of; that person, or any employee or agent of that person acting within the scope of his employment or authority, shall be admissible as evidence of that fact against that person. (3) Where it is alleged that two or more persons are involved in the same offence, any statement that is admissible in evidence in terms of subsection (2) against one such person in respect of such offence shall be admissible in evidence against the other such person or persons. (4) For the purposes of subsection (2), any document or copy thereof which was made or kept by or at any time was in the custody or under the control of an employee or agent of a person referred to in that subsection shall be presumed to have been made or kept by or to have been in the custody or under the control of such employee or agent within the scope of his employment or authority as such, unless the contrary is proved. 282 Admissibility of certain trade or business records (1) In this section— “document” includes any thing on or in which information is recorded; “statement” includes any representation of fact, whether made in words or figures or otherwise. (2) In any criminal proceedings in which direct oral evidence of a fact would be admissible, any statement of such fact contained in a document, whether such document purports to be an original or a copy, shall, upon the mere production of the document by any person, be admissible as evidence of that fact if— (a) that fact relates to any transaction or intended transaction, either inside or outside Zimbabwe, in the course of any trade, business or occupation of whatsoever kind or to any other matter in connection with such trade, business or occupation; and (b) that document is part of or that fact has been obtained from records kept in the course of that trade, business or occupation and compiled from information supplied, directly or indirectly, by a person who had or who may reasonably be supposed to have personal knowledge of the matter dealt with in that information; and 106