In administrative law, Unavailable witness (see below) is a statement, taken by an officer from the Plaintiff (witness) admissible as hearsay if the witness is now dead?

On what grounds would the Defendant be able to have evidence dismissed? Right to confront accuser comes to mind, but are there any others?

Section 116: Unavailable Witnesses

This section permits the admission of both

oral and documentary hearsay.

Under this provision, hearsay evidence may be admissible where the following three conditions are all satisfied:

the oral evidence of the maker of the statement would be admissible as evidence of the matter stated;

the maker of the statement is identified to the court's satisfaction;

One of the five conditions contained in s.116(2) is satisfied:

Section 116(2) Conditions:

(a) the maker is dead;

(b) the maker is unfit to be a witness due to his bodily or mental condition;

(c) the maker is outside the UK and it is not reasonably practicable to secure his attendance;

(d) the maker cannot be found although reasonably practicable steps have been taken to find

him; or

(e) through fear, the maker does not give or continue to give oral evidence at all or in

connection with the subject matter of the statement and the court gives leave for

statement to be given in evidence

Section 116(3): Fear is to be widely construed and includes fear of death or injury of another

person and financial loss.

Section 116(4): Leave may only be given where the court considers the statement ought to be

admitted in the interests of justice.

In determining whether the admission is in the interests of

justice the court must consider:

the content of the statement

any risk that the admission of the statement will result in unfairness to any party (and in

particular to how difficult it will be to challenge the statement if the maker does not give

oral evidence)