The mere fact that a complainant's psychiatric condition was unknown at committal and cannot now be explored through cross-examination does not, without more, establish that the probative value of committal evidence is outweighed by the danger of unfair prejudice under s 137 of the Evidence Act 2008 or that admission would render the trial unfair. The significance of the psychiatric condition must be established through expert evidence before the exclusionary provisions can be engaged. An application to exclude may be renewed if further investigation reveals material significance.
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