Where the defence seeks to selectively admit 'no comment' type answers from a record of interview that are favourable to the accused's case while excluding others that are not, the trial judge is entitled to admit the impugned answers to avoid a distorted version of the interrogation, and no miscarriage of justice is occasioned by their admission where appropriate directions are given.
Where an accused selectively seeks to admit 'no comment' type answers from a record of interview that support the defence case while excluding others, the trial judge is entitled to admit the impugned answers to avoid a distorted version of the interrogation, provided appropriate directions are given to the jury not to use the refusal to answer as an implied admission of guilt.
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