A juror's affirmation that they can be impartial is not determinative; the trial judge must apply the objective reasonable apprehension of bias test and, where necessary, make further inquiries of the juror in the absence of the rest of the jury to ascertain the nature and extent of any disclosed concern. Where a juror discloses a preconceived opinion but its nature is not explored, the trial judge is in no position to assess whether a reasonable apprehension of bias arises, and directions to the jury cannot cure the deficiency. In cross-examination of an intellectually impaired witness, it is unfair to put only a prior inconsistent statement without also drawing attention to an even earlier consistent statement.
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