Cross-examination between co-defendants is permitted where their interests conflict on a material issue, but only within the disputed overlap.

Where co-defendants have conflicting interests on a material issue, each side must be allowed to cross-examine the other to test adverse evidence. The right is limited to the extent of the disputed overlap and does not extend beyond the controversy between the defendants. Any concern about collusion remains a matter for trial. A co-defendant is therefore entitled to cross-examine another co-defendant when their interests conflict on the material question in issue.

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Issues: Whether a co-defendant has the right to cross-examine another co-defendant when there is a conflict of interest between them.

Analysis: Where co-defendants or sets of co-defendants have conflicting interests on a material issue, each side must be afforded an opportunity to cross-examine the other. The right is supported by the principle that a party whose case is adverse to another may test that party's evidence by cross-examination. The permission is confined to the extent of the clash of interest and does not extend beyond the controversy between the defendants. The possibility of collusion was left to be considered at the trial stage.

Conclusion: A co-defendant is entitled to cross-examine the deposing co-defendant where their interests conflict, subject to the extent of the disputed overlap.

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