A trial judge retains a common law discretion to permit leading questions in re-examination of a party's own witness where the witness has been cross-examined by the opposing party using leading questions on matters outside the scope of examination-in-chief and the witness is biased in favour of the cross-examining party. This discretion was not removed by ss 20, 21 and 22 of the Evidence Act 1906 (WA). However, proper procedure requires an application to be made and argument heard before such leave is granted. The Crown's calling of a co-accused as a prosecution witness after challenging that co-accused's credibility at a separate trial does not, without more, constitute an abuse of process, though the Crown prosecutor's conduct in adopting contrary positions before different juries is open to criticism.
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