During a criminal trial for manslaughter and aggravated assault, the Crown sought to call an expert witness in reply to the defence's expert on bloodstain analysis.
The defence opposed this, arguing it was not proper reply evidence and would cause trial unfairness if allowed as part of the Crown's case due to late disclosure.
The court ruled that the Crown could not call the expert in reply, as the evidence was foreseeable and based on existing facts.
However, the court permitted the Crown to call the expert as part of its case, provided the defence was given a brief adjournment to prepare for cross-examination and consult with their own expert, and with the option to recall previous witnesses.
