The applicant, appealing a conviction for second degree murder, brought an application for the disclosure of an affidavit relating to the mental state of the principal Crown witness.
The Crown had put the witness's mental state in issue at trial to support her credibility.
The Court of Appeal found that the information in the affidavit suggested a previous diagnosis of post-traumatic stress disorder might have been in error, making it necessary for the applicant to make full answer and defence.
The court ordered the disclosure of the affidavit subject to conditions.
