Is a failure to cross-examine a factor in the credibility assessment of a witness?
New Brunswick, Canada
The following excerpt is from R v. Dennis James Oland, 2015 NBQB 248 (CanLII):
As can be seen, I have expanded upon a simple direction as found in R v. Quansah - that failure to cross-examine on that event is a factor in the credibility assessment. I have expanded on it out of fear that if that is all I say the jury might infer that in any area of any witness’s testimony where either side has not cross-examined this would be tantamount to acceptance of that witness’s evidence on those parts. Left, without explaining, could risk seriously misleading the jury on Counsel’s obligation and impact on the law of the adversarial process.
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