What is the rule for proofs of evidence for lay witnesses in Day v Perisher Blue?

• A. Proofs of evidence from lay witnesses must be taken separately and witnesses must not discuss their evidence with others.
• B. Proofs of evidence from lay witnesses may be discussed in a group conference call.
• C. Proofs of evidence can be taken collectively and witnesses can confer.
• D. Proofs of evidence are not required for lay witnesses.

Answer: (A)

Separating proofs of evidence for lay witnesses protects the independence and reliability of their testimony. In Day v Perisher Blue, the rule is that proofs of evidence from lay witnesses must be taken separately and witnesses must not discuss their evidence with others. This prevents collusion or pretrial harmonizing of stories, which could skew memory or lead to coordinated testimony. By having each witness provide their own, unprompted account, the court can assess credibility more accurately and avoid rehearsed or biased statements. Allowing group discussions or taking evidence collectively would undermine that independence, and requiring no proofs would strip away a basic safeguard for fairness.