An accused is generally bound by the forensic decisions of trial counsel, and failure to object at trial, seek discharge of the jury, or take exception to the charge, while not foreclosing reliance on appeal, constitutes a significant obstacle that may be insurmountable where there were sound forensic reasons for counsel's conduct. Recorded soliloquies captured by listening devices may be better characterised as direct evidence of state of mind rather than consciousness of guilt evidence.
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