alioop
Verified Attorney (AU)
- Joined
- Jul 19, 2012
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Thanks Alioops - and please forgive my pedantic question -
So EBC, NBC, OW, IW aka the Clan - can be crossexamined by the prosecution? But because GBC has elected not to testify he is exempt from being put on the stand by the prosecution?
Thanks for your endless patience here Alioops- the law for a layperson is quite foreboding!
All questions are good questions Liadan. The prosecution can subpoena anyone except the accused to give evidence. The defence doesn't call witnesses at a committal but does at a trial. They can subpoena anyone at the trial but they will decide with GBC if he will testify in his own defence. He doesn't have to, that is his right. Only if he does testify can he be cross examined by the prosecution.
GBC will not give evidence at the committal but this is not because he hasn't elected not to, it is because he is not a prosecution witness, he is the accused.