![]() (1940) Vol 2, s.285, p.162 as follows:-"The failure to bring before the tribunal some circumstance, document, or witness, when either the party himself or his opponent claims that the facts would thereby be elucidated, serves to indicate, as the most natural inference, that the party fears to do so, and this fear is some evidence that the circumstance or document or witness, if brought, would have exposed facts unfavourable to the party. relied on what was stated in Wigmore on Evidence 3rd Fd. In our opinion, in this particular context the failure of the defendant to give evidence was of particular significance. Effect of not calling evidence after a failed no case submission. Explanation of the Rule in Jones v Dunkel Failure to call witness. ![]()
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