LEGAL PRINCIPLE: CRIMINAL PROCEDURE – Prosecution’s Duty – Calling of Witnesses – Prosecution’s Discretion
PRINCIPLE STATEMENT
The prosecution's duty lies in calling such witnesses as they would require to establish their case against an accused person. ... The question is, as always, what this witness would say that would affect the proof or not of the guilt of the Appellant.
RATIO DECIDENDI (SOURCE)
"The prosecution's duty lies in calling such witnesses as they would require to establish their case against an accused person. ... The question is, as always, what this witness would say that would affect the proof or not of the guilt of the Appellant."
EXPLANATION / SCOPE
The prosecution has discretion to call witnesses it deems necessary to establish its case. The accused cannot dictate which witnesses the prosecution must call. The relevant question is what a particular witness would say that would affect the proof of guilt. If the witness would not add material evidence, failure to call them is not fatal. The prosecution must present sufficient evidence to prove guilt beyond reasonable doubt, but it need not call every available witness. The principle prevents the accused from imposing a duty to call cumulative or irrelevant witnesses. The court examines whether the uncalled witness would have materially assisted the defence or weakened the prosecution’s case. The prosecution’s discretion is not absolute—it must act in good faith.
