ABSTRACT

The object of re-examination is to clarify and complete matters which were referred to in cross-examination, but which were left in an ambiguous or incomplete state. Re-examination should not be used merely as an opportunity to repeat evidence-in-chief. An advocate is not allowed, in reexamination, to ask questions that do not arise from the matters covered in cross-examination. If a subject was raised during examination-in-chief but not covered in cross-examination, it cannot be referred to in re-examination. Still less can a wholly new subject be raised in re-examination. For example, in R v Fletcher and Others,61 the defendant’s cross-examination of a prosecution witness was limited to the witness’s credit only. The prosecution were not allowed, in re-examination, to ask their witness further questions so as to incriminate the defendant.