It had been appropriate for a judge to refuse the defendant's application to direct the Crown to call two witnesses to give evidence as the judge had no power to make such a direction and the Crown were acting properly and fairly when deciding not to call or tender the witnesses. It had remained open to the defendant to call the witnesses, or to give evidence himself on the matters he wished to cross-examine them on.

CA (Crim Div) (Elias LJ, Irwin J, Saunders J)


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