Post-offence conduct evidence (telling a witness to keep quiet about involvement) is capable of demonstrating consciousness of guilt of murder when viewed in the light of other circumstantial evidence, and is not intractably neutral merely because it might also be consistent with panic at innocent involvement. A trial counsel's rational forensic decision not to cross-examine on a prior inconsistent statement does not produce a miscarriage of justice, even if the decision is later regretted.
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