The decision of Barton v The Queen does not establish that unless all relevant witnesses are called at committal an accused person must have been denied a fair trial. A prosecutor's decision not to call available witnesses is a matter for prosecutorial discretion and will only ground an appeal where it causes a miscarriage of justice. An appellate court will not set aside a conviction on the basis of trial counsel's decisions unless persuaded that a miscarriage of justice resulted, even where those decisions were contrary to instructions or incompetent.
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