The prosecution's duty to disclose material affecting the credibility of prosecution witnesses extends to information from other proceedings involving the same witness, including where the prosecutor personally knows the witness has lied on oath. When a brief is transferred between counsel, the duty of disclosure arises afresh and is the personal responsibility of the new prosecutor. Non-disclosure of such material constitutes a miscarriage of justice where the complainant's credibility is central to the Crown case, and the proviso will not save the conviction.
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