An unqualified Jones v Dunkel direction against an accused regarding failure to call witnesses who are themselves open to suspicion is erroneous. If such a direction is given at all, the jury must be informed of the privilege against self-incrimination and warned of possible explanations for the witnesses not being called. The court expressed doubt whether such a direction will ever be appropriate in these circumstances.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
1 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.