[2009] EWCA Crim 1076

A trial judge had acted within his discretion when referring in his summing up to a defendant's failure to call his witnesses of fact and his expert to give evidence at trial. The judge had made measured comments, cautioned the jury to be careful and reminded it of the appropriate approach to adopt and had not suggested that there was a burden on the defendant to explain why he had not called the witnesses.

CA (Crim Div) (Aikens LJ, Hedley J, Hickinbottom J)

12/06/2009