Then on the other hand the discussion needs to be carried on incognisance of [this is UK legislation]:
"When you cannot produce a witness statement as evidence.
A written witness statement is not admissible on its own as evidence at trial if
the defence do not agree with the evidence that has been written within it.
How the statement is used in court
The statement will be read out at the hearing, only if it has been agreed by both the
prosecution and defence. This allows for evidence to be given without having to call
the witness to attend. If there is no agreement, the statement will not be read out in
court.
A witness may refer to specific documents in a statement and these documents or
items of evidence will be ‘produced’ as exhibits in the case. Any document or object
referred to as an exhibit and identified in the statement will be treated as if it has
been produced by the person who made the statement.
It screws up the armchair keyboard tecs but ensures justice works reasonably.