R v Stretton

Facts

A witness who was epileptic and mentally handicapped was cross-examined for some time, then became ill and could not go on. Medical evidence was that it would be undesirable and unfair to put her back in the box. The judge let the trial continue without recalling her.

Issue

Must the judge stop the trial, or recall a witness, when illness cuts the evidence short?

Held

The Court of Appeal would not interfere. The judge has a discretion. If the incapacity is temporary, an adjournment may be better. If it is prolonged, the witness may be stood down.

Principle

Illness of a witness is managed by discretion. The judge is not bound to halt the trial, and not bound to force the witness back.

Why it matters

It sits beside the drunk witness in Paines. One incapacity passes. The other may not.

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