Many cases up for trial are being stalled in the courts because witnesses are not attending court for various reasons.

However, it must not be forgotten that a trial can still proceed in the absence of the witnesses, but certain steps must be taken by the prosecution to find them.

This week, the murder case involving popular dancehall entertainer Vybz Kartel, and two men charged with him, was thrown out because the judge was not convinced that adequate steps were taken to find the witnesses.

The prosecution was relying on two key witnesses to prove its case against the three men. The witnesses, after giving statements to the police, could not be found.

In order to have their statements admitted into evidence, the prosecution had to call witnesses to testify as to the steps they took to find the two witnesses.

The application to put in the statements in evidence was made under section 31(D) (d) of the Evidence Act. The Act was amended because of the frequency of witnesses being killed or threatened and, as a result, the cases had to be thrown out. The amendment made provision for the statements of absent or dead witnesses to be admitted in evidence.

There have been cases in which accused persons have been convicted when statements were admitted into evidence and read to the jury.

A hearing usually takes place in the absence of the jury so that the judge can hear of all the steps taken to find a witness.

In the case of Kartel and his two co-accused, there was a hearing in the absence of the jury.

The prosecution called witnesses and the defence lawyers also called witnesses, but the onus was on the prosecution to prove that it did all it could to find the witnesses. Despite the lengthy hearing, the judge found that enough was not done to find the witnesses, in accordance with the Act.

Section 31 (D) (d) of the Evidence Act states that a statement can be admitted in evidence if it is proved, to the satisfaction of the court, that such person "cannot be found after all reasonable steps have been taken to find him".