What is the effect of improper use of surveillance evidence in a trial by ambush?

In my view, the improper use of the surveillance evidence gave rise to a form of trial by ambush. This came about because the trial judge did not require the defence to comply with the Rules in relation to the disclosure of the surveillance evidence and the provision of particulars. The trial judge did not exclude the surveillance evidence under rule 30.08, nor did he assess its relevance and require the respondents to comply strictly with the rule in Browne v. Dunn before admitting it. He did not provide the jury with any instructions concerning the permissible use of the surveillance despite the defence’s problematic jury address, nor did he provide the jury with a limiting instruction.