A prosecution was instituted by D against N at the instance of and on behalf of F for criminal trespass of a certain house belonging to F. D gave evidence at the trial of F. F has brought a suit against N for possession of the house. D has died when the civil suit comes up for hearing. At the trial of the civil suit deposition of D in the criminal court is tendered as evidence by F. determines the admissibility of deposition.   (5 marks)