The accused, charged with sexual assault, brought a pre-trial application requesting that the complainant and her mother be required to remove their masks while testifying.
The defence argued that seeing the witnesses' full faces was essential for assessing credibility and making full answer and defence.
The court dismissed the application, holding that the limited value of facial demeanour in assessing credibility was outweighed by the public health risks of transmitting COVID-19 in a courtroom.
The court noted that other aspects of demeanour, such as body language and tone, remain visible, and that the substance of a witness's evidence is a better guide to reliability.
