HRS §124B-75
When old sworn testimony can be used in military court
This section says when sworn testimony from a court of inquiry record can be used later in a military court or board. It can be read into evidence if the witness cannot testify in person and the accused was part of the earlier inquiry or agrees. In cases that could dismiss an officer, only the defense can use it.
courts
The statute, as written — Admissibility of sworn testimony from records of courts of inquiry
(a) In any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained may, if otherwise admissible under the rules of evidence, be read into evidence by any party before a court-martial if the accused was a party before the court of inquiry and if the same issue was involved or if the accused consents to the introduction of the evidence. (b) The sworn testimony admissible under subsection (a) may be read into evidence only by the defense in cases extending to the dismissal of a commissioned officer. (c) The sworn testimony admissible under subsection (a) may be read into evidence before a court of inquiry or military board. (d) Sworn testimony that is: (1) Recorded by audiotape, videotape, or similar method; and (2) Contained in the duly authenticated record of proceeding of a court of inquiry, is admissible before a court-martial, court of inquiry, or military board, to the same extent as sworn testimony may be read into evidence before any body under subsections (a), (b), or (c).
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.