The collateral facts rule (that answers on collateral matters are final and cannot be contradicted by other evidence) extends to answers given by an accused in a video record of interview with police. Where late disclosure occurs during trial and the accused elects upon legal advice to continue the trial rather than seek an adjournment or abort, the accused cannot later complain of miscarriage of justice arising from the late disclosure or the failure to call the relevant witness. The proviso may be applied where wrongly admitted evidence was a very minor part of the prosecution case and relevant only to a collateral credit issue.
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