Widera v Reid

A trial judge's observation that a Jones v Dunkel inference could be drawn 'both ways' from a witness's absence (where the witness was available to both parties) may properly be understood as an explanation for declining to draw the inference against either party, rather than as an impermissible drawing of the inference. The Devries principle of appellate deference to credibility findings applies with full force where the trial judge relied on documentary evidence (ambulance and hospital records) in addition to demeanour-based assessments.