LEGAL PRINCIPLE: EVIDENCE LAW – Prosecution’s Duty – Not Obliged to Call Every Available Witness
PRINCIPLE STATEMENT
The prosecution is not obliged to call all witnesses so long as their case can be proved; on the evidence before the trial court, if the case for the prosecution has been made beyond reasonable doubt, the prosecution has fulfilled its duty.
RATIO DECIDENDI (SOURCE)
"The prosecution is not obliged to call all witnesses so far their case can be proved. On the evidence before the trial court the case for the prosecution had been made beyond reasonable doubt."
EXPLANATION / SCOPE
Prosecution has discretion to select which witnesses to call, provided they prove their case beyond reasonable doubt. They need not call: every person with knowledge, cumulative witnesses (multiple witnesses to same facts), or witnesses whose testimony would be unreliable or unhelpful. This discretion serves: efficient trials, focusing on reliable evidence, and avoiding cumulative testimony. However, strategic non-calling of witnesses may allow defense to: comment on the omission, argue that uncalled witnesses would have contradicted prosecution, or draw adverse inferences. Courts assess: has prosecution proved its case with the witnesses called? If yes, the duty is fulfilled regardless of other potential witnesses. If no, failure to call key witnesses may contribute to reasonable doubt. This principle prevents defense from defeating cases by arguing about witnesses not called rather than addressing evidence actually presented