When tactical failure to object is deemed to be waiver of right to object — Reconciling judge’s gatekeeper function with tactical decisions of counsel not to object to evidence at trial — Proper basis for determining when trial fairness has been compromised — Proper scope of participant witness exception for opinion evidence — Whether facts reviewable absent finding of unreasonableness — Whether Court of Appeal can recast pleadings — Whether Court of Appeal can interfere on questions to jury absent objection — Permissible scope of closing address when no objection is made on tactical grounds — Whether tactical silence reverses presumption of prejudice in inflammatory comments — Whether Court of Appeal can review closing based on facts ruled inadmissible on appeal. — dismissed 05/07/2020 — Supreme Advocacy acted as agents for the Applicant.

Read the lower court decision from the SKCA here.