Western Australian Current Regulations

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LEGAL PROFESSION UNIFORM CONDUCT (BARRISTERS) RULES 2015 - REG 89

89 .        

                A prosecutor must call as part of the prosecution’s case all witnesses:

            (a)         whose testimony is admissible and necessary for the presentation of all of the relevant circumstances, or

            (b)         whose testimony provides reasonable grounds for the prosecutor to believe that it could provide admissible evidence relevant to any matter in issue,

                unless:

                  (i)         the opponent consents to the prosecutor not calling a particular witness,

                  (ii)         the only matter with respect to which the particular witness can give admissible evidence has been dealt with by an admission on behalf of the accused,

                  (iii)         the only matter with respect to which the particular witness can give admissible evidence goes to establishing a particular point already adequately established by another witness or other witnesses,

                  (iv)         the prosecutor believes on reasonable grounds that the testimony of a particular witness is plainly untruthful or is plainly unreliable, or

                  (v)         the prosecutor, having the responsibility of ensuring that the prosecution case is presented properly and presented with fairness to the accused, believes on reasonable grounds that the interests of justice would be harmed if the witness was called as part of the prosecution case.



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