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One aspect which is often overlooked is the (availability and or) the willingness of foreign material witness to respond to a summons to testify at trial. We need to realise that when investigating foreign public officials, very often a material witness to the the case resides in the country where the suspect also reside and despite much efforts to secure evidence during investigation, be it through art 46 of UNCAC for instance or through mutual legal assistance legislations, the trial remains unsuccessful if the said witness does not volunteer to attend trial more specifically in jurisdictions where witnesses evidence can only be admitted if given viva voce at the proceedings.

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