A criminal complaint is filed against X for the murder of Y. During the preliminary investigation

stage, X presented as evidence the supporting affidavit of Z, who stated under oath before the

investigating prosecutor that X could not have committed the murder since they were drinking

together at a bar when the crime took place. Z is the first cousin of Y, the victim. The investigation

prosecutor nevertheless found probable cause and filed an Information against Y. After the

prosecution rested its case but before the defense could present its evidence, Z dies. In view of Z's

untimely death, counsel for X seeks to instead present Z's affidavit only. The prosecution objects to

the admission of Z's affidavit on the ground of hearsay. Question: Is the prosecution correct? Why?

Cite your basis.