PART IIEVIDENCE OF BAD CHARACTER
Defendants
“Matter in issue between the defendant and a co-defendant”9.
(1)
Evidence which is relevant to the question whether the defendant has a propensity to be untruthful is admissible on that basis under Article 6(1)(e) only if the nature or conduct of his defence is such as to undermine the co-defendant's defence.
(2)
Only evidence—
(a)
which is to be (or has been) adduced by the co-defendant, or
(b)
which a witness is to be invited to give (or has given) in cross-examination by the co-defendant,
is admissible under Article 6(1)(e).