Section 35

1. Evidence generally to be given in private

(1) The Commission shall conduct its inquiry in private unless -

(a) a witness requests that all or part of his or her evidence be heard in public and the Commission accedes to that request, or

(b) the Commission is satisfied that it is desirable in the interests of both the inquiry and fair procedures to hear all or part of the evidence of a witness in public.

(2) Where the evidence of a witness is heard in private -

(a) the Commission may give directions as to the persons who may be present while the evidence is heard,

(b) legal representatives of persons other than the witness may be present only if the Commission -

(i) is satisfied that their presence would be in keeping with the purposes of the inquiry and would be in the interests of fair procedures, and

(ii) directs that they be allowed to be present,

(c) the witness may be cross examined by or on behalf of any person only if the Commission so directs, and