Police investigators have an obligation to record and communicate to prosecution authorities all material information provided by witnesses, whether inculpatory or exculpatory. A police officer's failure to do so, where the officer's attention was directed only to facts assisting the prosecution, constitutes a gross investigative failure that can occasion a miscarriage of justice. Evidence that directly contradicts a fact in issue (such as evidence of a consensual sexual relationship contradicting the prosecution's case of non-consent) is substantive evidence, not merely evidence going to credit. Where non-disclosure constitutes a serious breach of the presuppositions of a fair trial, the proviso in s 668E(1A) of the Criminal Code (Qld) cannot apply.
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