A prosecutor may not cross-examine an accused as to whether Crown witnesses have lied, even where defence counsel has argued to the jury that the Crown case rests on fabricated testimony; the defence argument to the jury does not open the door to such cross-examination. Section 37B of the Evidence Act 1958 (Vic) does not authorise video-recorded evidence-in-chief for offences that do not fall within s 37B(1), and severance of a non-qualifying offence from qualifying sexual offence counts removes the severed count from the section's purview.
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