Gillian Carr is charged with armed robbery of the service station at which she works. The Crown case is that she robbed it with her friend, Paris. The accused’s sister, Gitanjali, also works at the service station. Gitanjali was interviewed by a police officer a month after the robbery and her statement includes:
- Just prior to the offence Gillian was seeing Paris once or twice a week
- Paris had been saying things like ‘don’t worry Gillian, it’s all organised, just tell us what time they do the banking’
- Paris came into the service station one day and showed me a gun
At trial, Gitanjali gives evidence in chief and the following exchange takes place:
Crown prosecutor: Q – How often did Gillian and Paris meet?
Gitanjali: A – Once or twice a week.
Q: And what had they been talking about?
A: I remember they were talking about how the service station operates.
Q: Anything in particular?
A: I can’t remember that much, but I remember they were talking about the times of certain things, like opening and closing times and so on.
Q: Moving on, did Paris ever bring anything into the station to show you?
A: No, nothing I can remember.
Q: I’d like to make an application in the absence of the jury and the witness.
The jury and witness leave and the Crown prosecutor makes an application under s 38 to cross-examine Gitanjali.