When evidence of an out-of-court statement is admitted under s 34KA of the Evidence Act 1929 (SA), the trial judge is permitted, if not required, to direct the jury on specific factors affecting the weight of that evidence, including the absence of cross-examination. A direction not to speculate as to why the maker of the statement did not give oral evidence is sufficient; an express direction that no adverse inference should be drawn from the failure to call the witness is not necessary and may risk inviting the very speculation it seeks to prevent.
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