Section 59 - Disqualification of witnesses

(1) A person is not qualified to be a witness if that person is

(a) incapable of coherent expression so as to be understood, directly or through interpretation by another person who can understand that person; or

(b) incapable of understanding the duty of a witness to tell the truth.

(2) A child or a person of unsound mind is competent to be a witness unless the child or that person is disqualified by subsection (1).