Does a witness who was present at a truck fire have to be recalled to be cross-examined by defence?

Manitoba, Canada


The following excerpt is from R v Kilbourne, 2013 MBPC 21 (CanLII):

J.G.’ who was present at the truck fire, made no mention in her testimony of his returning to the truck to put out the fire. She was not cross-examined on that point. I offered to have her recalled to be cross-examined by defence on several specific points raised by the accused’s testimony that were not put to her on cross-examination. She was not re-called. Per the rule in Browne v. Dunn, I draw an adverse inference against the accused on this point.

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