Where defence counsel makes a rational forensic decision to support a witness's exemption from giving evidence, the accused cannot later rely on the absence of that evidence as a ground of miscarriage of justice, even where the same absence of evidence resulted in a miscarriage of justice for a co-accused. The outcome of a co-accused's appeal does not automatically flow to the other accused where the basis for the successful appeal was not available to the other accused due to different forensic choices made at trial.
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