A magistrate resolving a credibility contest between two contradictory versions of events must not simply accept one version because the other is rejected; even if the defence version is not positively accepted, the tribunal must consider whether it raises a reasonable doubt. A finding of fabrication cannot be made against a witness when that allegation was never put to the witness in cross-examination. The proviso under s 199 of the Justices Act 1902 (WA) will not be applied where the error goes to the central credibility assessment and the matter is serious.
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