R v Apostilides (1984) 154 CLR 563
- If witness is demonstrably non-truthful, there is no obligation to call them as a witness.
- E.g., accused's friend saying he would give evidence no matter what to get his friend off.
- The Prosecution have the responsibility to call people as witnesses.
- We must call them unless there is a good reason not to do so.
- You must call all evidence even if its favourable or unfavourable.
## Reasons not to call witnesses
- Unreliable, untrustworthy or otherwise incapable of belief
- Must be more than a mere suspicion of unreliability.
- Contradictory statements are not enough.
- Unnecessarily repetitious, in light of the number of witnesses available to prove certain matters
- Relates to an issue where defence bears the onus of proof