Social media posts made years after alleged sexual offending, which do not directly contradict the complainant's account, are unlikely to satisfy the 'substantial relevance' test under s 349 of the Criminal Procedure Act 2009 (Vic) for leave to cross-examine a complainant on sexual activities. A mere hope that cross-examination might reveal some inconsistency provides an insufficient basis for leave. The question whether the s 349 substantial relevance requirement extends to evidence going only to credit remains open.
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