Re: Privilege
"But now, the defence has decided to not call them, thus potentially harming the prosecutions case."
While HPE's lawyers are making it sound like this harms their case, I can't help feeling that it would have been a fishing expedition rather than having any solid evidence. If there was evidence, it would have likely been shown already.
I'm not so sure it was a gamble as a last chance to snatch victory from the jaws of defeat. Instead they get to watch the big fish swim away....