A co-accused's change of plea mid-trial and decision to give evidence for the Crown does not of itself require the discharge of the jury or the granting of an adjournment; the question is whether the accused has been denied a fair trial in the particular circumstances. Evidence of prior uncharged acts of drug dealing between a co-accused and the applicant may be admissible where it has distinct probative value in establishing the relationship between the parties and supporting the credibility of the co-accused's evidence about the charged transaction. The dissent (Steytler J) provides a strong articulation of the principle that an accused must be given a reasonable opportunity to prepare a defence when the Crown case changes materially mid-trial.
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