Section 217 Evidence Act 2011
Section 217 Evidence Act 2011 is titled ‘Cross-examination by co-defendant of witness called by a defendant‘. It is under Part XII (TAKING OF ORAL EVIDENCE AND EXAMINATION OF WITNESSES) of the Act. It states as follows:
Where more than one defendant is charged at the same time, a witness called by one defendant may be cross-examined by the other defendant and if cross-examined by the other defendant such cross-examination shall take place before cross-examination by the prosecution.
Good afternoon.
Is the sequence of cross examination of co defendant(s) in Section 217 of Evidence Act 2011 mandatory that all co defendant MUST cross examine a co defendant before prosecution?
2. If the reverse is done, does it occasion any miscarriage of justice on the prosecution?
3. I will appreciate judicial authorities if any.
Thanks.