When assessing whether a separate trial should be ordered to enable an accused to adduce a co-accused's out-of-court statement, the probative value of the evidence must be assessed by reference to its potential to exonerate the applicant, not merely its capacity to inculpate a co-accused. Evidence that is strongly likely to advance the prosecution case against the applicant will not ground a separate trial order, even if it has some exculpatory value, particularly where the exculpatory point can be made through other evidence available in the joint trial.
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