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Imagine a scenario where a theft has occurred in a retail store. The store owner claims that they saw the defendant, Tom, stealing merchandise on

  1. Imagine a scenario where a theft has occurred in a retail store. The store owner claims that they saw the defendant, Tom, stealing merchandise on the store's surveillance footage. However, Tom denies the accusation and asserts that he was nowhere near the store at the time of the alleged theft. The prosecution seeks to introduce the surveillance footage as evidence against Tom. Using Fiji's legislation and case laws, please answer the following questions with reference to above scenario.
  • Discuss the relevance of the surveillance footage in this case.
  • What are the potential issues regarding the admissibility of the surveillance footage as evidence?
  • Identify and explain any rules of evidence that might govern the admissibility of the surveillance footage.
  • Consider any objections that Tom's defence lawyer might raise regarding the surveillance footage and discuss how the court might rule on these objections.

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