A prosecutor who is granted leave to cross-examine a prosecution witness under s 38 of the Evidence Act 2008 and who wishes to argue in closing that the witness tailored evidence out of partiality must put that specific allegation of partiality to the witness during cross-examination, even where the witness's credit has been generally impugned; however, failure to do so will not constitute a substantial miscarriage of justice where the witness's evidence is fatally compromised by independent objective evidence.
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