The Crown brought an application to terminate the evidence of a key witness at a preliminary hearing after the witness became medically unable to continue cross-examination due to post-traumatic stress disorder and related psychiatric conditions.
The witness had testified in chief and partially under cross-examination before experiencing chest pains and distress.
The Crown sought to rest its case based on a medical letter from the witness's treating psychiatrist recommending against further testimony.
The defence opposed the application, arguing that the right to cross-examine is fundamental to full answer and defence.
The court granted the Crown's application, finding that while the right to cross-examine is not absolute, the medical evidence was compelling, the witness had testified partially, other evidence was available, and the prejudice to the defence at the preliminary hearing stage was limited.
