17Calling and recalling witnesses

17 Calling and recalling witnesses

(1) The prosecuting officer and the accused person may, at any time before: (a) at a trial by court martial—the judge advocate begins to sum up; or (b) at a trial by Defence Force magistrate—the Defence Force magistrate makes a finding on the charge; recall a witness by leave of the judge advocate or Defence Force magistrate. (2) After the witnesses for the defence have given their evidence, the prosecuting officer may, by leave of the judge advocate or Defence Force magistrate, call a witness to give evidence on any matter raised by the accused person in the accused person’s defence in respect of which evidence could not properly have been adduced, or which could not reasonably have been foreseen, by the prosecution before the accused person presented his or her defence. (3) The service tribunal may, at any time before: (a) at a trial by court martial—the judge advocate begins to sum up; or (b) at a trial by Defence Force magistrate—the Defence Force magistrate makes a finding on the charge; call or recall a witness if, in the opinion of the judge advocate or Defence Force magistrate, it is in the interests of justice to do so. (4) When a witness is called or recalled under this rule, the accused person and the prosecuting officer may put such questions to the witness as seem proper to the judge advocate or Defence Force magistrate.