A solicitor's decision not to approach a child witness for a statement, made for proper welfare reasons rather than tactical reasons, does not deprive the evidence of the quality of fresh evidence on appeal. Where the only physical evidence linking an accused to a crime is challenged and the accused's credibility on a related issue is attacked as fabrication, the absence of corroborative evidence that was not called for non-tactical reasons may constitute a miscarriage of justice warranting a new trial.
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