434.Section 131 provides that if a retrial is ordered by the Court of Appeal, evidence must be given orally if it was given that way at the original trial except in certain defined situations, in which case a transcript of the earlier evidence may be used. These exceptions are:
All parties agree to the evidence being admitted;
A witness is unavailable to give evidence in accordance with section 116; or
A witness is unavailable to give evidence for a reason other than those listed in section 116and his evidence is admitted under the residual discretion in section 114(1)(d).