LEGAL PRINCIPLE: EVIDENCE LAW – Witnesses – Partial Rejection of Evidence
PRINCIPLE STATEMENT
The fact that the learned trial Judge disbelieved part of that witness's evidence did not render the whole of his evidence unacceptable.
RATIO DECIDENDI (SOURCE)
"The fact that the learned trial Judge disbelieved part of that witness's evidence did not render the whole of his evidence unacceptable."
EXPLANATION / SCOPE
Disbelief of part of a witness’s evidence does not automatically render the entire testimony unacceptable. The court may accept credible portions and reject incredible ones. The principle rejects the absolute application of “falsus in uno, falsus in omnibus.” The court evaluates each part of the evidence on its merits. If the witness is credible on some points, those points may be accepted. The judge must apply careful reasoning, identifying which parts are reliable. The principle prevents the loss of valuable evidence due to a witness being partially mistaken or untruthful. The court exercises discretion based on the circumstances. The decision must be supported by reasons. The standard of proof remains the balance of probabilities or beyond reasonable doubt.