207
184.
*
302
303
witnesses as to certain matters because evidence at an earlier stage was hearsay and as a result of amendment would be admissible. He
could say now which witnesses he would recall. I would not oppose any application for the recall of that witness. In putting forward application defence are not specifying any witnessus any prejudice has occurred to them. This cuts both ways. Prosecution could also be making application to seck from witnesses certain matters which were treated as hearsay earlier. Prosecution does not seek
to do. We all content with evidence they have already given. Interest of justice require they could olicit from witnesses but
not peripheral matters. In view of manner in which cose is
proceeding to date I an anxious that wry matter raised by defence are material to defence and not wide ranging discredit of witnesses. It is a matter entirely within Your Honour's discretion but so far
no grounds have been advanced except for cross-examination of witnesses.
Hr. Hampton: ly leamed friend's remarks have, highlighted how necessary it is for the defence to take extreme care in this matter, We would
have thought that normally it would not be necessary to anphasize that this argument here and now is not defonce application to recall defence is entitled to and will make an application for recall at time defence wishes to make application for recall. If our application for recall is refused and evidence which comes out which changes the situation
defence might well make out another application to recall. Defence
will not know now unless the evidence of the first ten witnesses are
in. At that time Defence will apply to recall - Defence will specify what witnesses and reasons for their application. Why it has been brought up now I am at a loss except for administrative purpose that fresh subpoenas are granted and we are not left wasting time waiting
for witnesses.
Court to Mr. Hampton: Have you got statements of witnesses who are
to be called?
Hr. Hampton: No.
Mr. Sceats: There are summaries of evidence as to which each witness
would say.