Is there an adverse interest in calling witnesses who have not been called before a jury in a criminal case?
British Columbia, Canada
The following excerpt is from Andrews v. Mainster, 2014 BCSC 541 (CanLII):
Generally, an adverse interest cannot be fairly drawn except from the failure to call witnesses whose testimony would be superior to the evidence already adduced in respect of the fact to be proved: Buksh v. Miles, 2008 BCCA 318 at para. 30.
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