The defendant was charged with rape. The prosecution commented upon the prisoner’s failure to call witnesses.
Crompton J. said,
I hope ..that in the exercise of the privilege granted…to counsel for the prosecution of summing up the evidence, they will not cease to remember that counsel for the prosecution in such cases are to regard themselves as ministers of justice, and not to struggle for a conviction…nor be betrayed by feelings of professional rivalry- to regard the question at issue as one of professional superiority and a contest for skill and pre-eminence. It is to be feared…juries are in danger of being led away to give verdicts rather under the influence of feelings excited by the speeches on one side or the other than in accordance with the evidence.
This reading is of historic interest.The BSB Code of Conduct now governs the ethical behaviour of barristers.