A prosecutor's decision not to call a material witness cannot be justified merely by the inconsistency between that witness's account and the complainant's account, even where the inconsistency is categorical and leaves no room for mistake. The prosecutor must point to identifiable circumstances clearly establishing unreliability beyond mere inconsistency. Reliance on the accused's ability to call the witness is a fundamental misunderstanding of the prosecutor's duty. In judge-alone trials, a trial judge asked to invite the prosecutor to reconsider should not undertake an independent assessment of the uncalled witness's credit-worthiness, as doing so risks apprehended bias through premature credibility findings.
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