The prosecution's duty of disclosure does not extend to a positive obligation to investigate and obtain a complainant's mental health records where the disclosed information (a history of anxiety and depression, cessation of medication four months prior) does not provide a 'sound reason' to suspect the complainant's mental health history impinges upon credibility or reliability. The obligation to investigate only arises if the information is 'sufficiently solid to cause reasonable persons conducting the prosecution to think that cross-examination based upon it might elicit answers materially affecting the credibility of the witness'. The test for a temporary stay pending disclosure remains unsettled as between 'tangible risk of unfair trial' and 'some relief necessary to ensure a fair trial'.
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