A judge who has accepted that a legitimate forensic purpose exists for access to subpoenaed documents may still refuse access to portions of those documents if satisfied there is no reasonable chance those portions might support the defence. Where the identified forensic purpose goes only to credibility, the substantial probative value threshold in s 103 of the Evidence Act 1995 may be relevant to the access question, potentially imposing a stricter test than that stated in R v Saleam.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.
1 of the 2 citing cases carry a classified treatment. How each court treated it is available to signed-in members.