Where the Crown gives timely notice of a decision not to call potentially material witnesses and defence counsel makes a tactical decision to seek a Mahmood direction rather than request the witnesses be called, the tactical choice is a powerful factor negating any miscarriage of justice. The prosecutor's duty to call witnesses essential to the unfolding of the narrative does not extend to witnesses whose evidence would amount to no more than saying they saw nothing, in circumstances where the offences could have been committed without their observation. An acquittal on one count in a sexual assault trial does not, as a matter of principle, damage the complainant's credibility on all other counts.
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