PART VII - COMMITTAL OF ACCUSED PERSONS TO THE SUPREME COURT FOR TRIAL

164 Depositions

(2) The accused may put questions to every witness and the answer of the witness thereto shall form part of the deposition of that witness.

PART VII - COMMITTAL OF ACCUSED PERSONS TO THE SUPREME COURT FOR TRIAL

169 Evidence and address in defence

(1) Immediately after complying with the requirements of section 168 relating to the evidence or unsworn oral statement of the accused, and whether the accused has or has not made or tendered a statement or given evidence, the Court shall ask him whether he desires to call any witness on his own behalf or to tender any written statement by any person other than himself in accordance with section 166 of this Act.

(2) The Court shall take the evidence of any witnesses called by the accused, or receive any written statement tendered in accordance with section 166 of this Act, in like manner as in the case of the evidence adduced by the prosecutor and that evidence and statement shall beshall be deemed to be depositions.

(3) If the accused states that he has any witness to call but that he is not present in court, and the Court is satisfied that the absence of that witness is not due to any fault or neglect of the accused and that there is a likelihood that he could, if present, give material evidence on behalf of the accused, the Court may adjourn the inquiry in order to enable the evidence of that witness to be taken or his statement to be tendered under section 166 of this Act and may issue process, or take other steps, tosteps, to compel the attendance of that witness.

(4) In any preliminary inquiry under this Part, the accused, or his barrister and solicitor or pleader if any, shall be at liberty to address the Court :

(a) if no witnesses for the defence are to be called and the accused does not give evidence or make or tender any statement, at the close of the prosecutor's case ;
(b) if no witnesses for the defence are to be called but the accused gives evidence or makes or tenders a statement, immediately after the evidence or statement of the accused person has been taken or received ; or
(c) if the accused calls any witnesses for the defence or tenders the written statements of any witnesses, immediately after the evidence of those witnesses has been taken or their statements received.

(5) If the accused, or his barrister and solicitor or pleader if any, addresses the Court in accordance with the provisions of subsection (4) of this section, the prosecutor shall have a right to reply.

PART VIII - PROCEDURE IN TRIALS BEFORE THE SUPREME COURT

201 Close of case for prosecution

Where the evidence of the witnesses for the prosecution has been concluded and any written statements and depositions properly tendered in support of the prosecution case have been admitted, and the evidence or statement, if any, of the accused taken in the preliminary inquiry has, if the prosecutor wishes to tender it, been tendered in evidence, the Court :

(b) if it considers that a case is made out against the accused or any one or more of several accused in respect of any offence charged or any other offence of which he may lawfully be convicted on the trial of that offence, shall inform every such accused of his right to address the Court, either personally or by his barrister and solicitor or pleader, if any, and to give evidence on his own behalf or to make an unsworn statement or to refrain from doing either of these things and to call witnesses, or tender statements under the provisions of section 146, in his defence ; and in all cases the Court shall require him, or his barrister and solicitor or pleader if any, to state whether he intends to call any witnesses as to fact other than the accused himself. If the accused says that he does not intend to give evidence or make an unsworn statement or to adduce evidence, then the prosecutor, or the barrister and solicitor or pleader conducting the prosecution, may sum up the case against him. If the accused says that he intends to give evidence or make an unsworn statement, or to adduce evidence, the Court shall call upon him to enter upon his defence.

PART VIII - PROCEDURE IN TRIALS BEFORE THE SUPREME COURT

202 The defence

The accused, or his barrister and solicitor or pleader if any, may open his case, stating the facts or law on which he intends to rely and making such comments as he thinks necessary on the evidence for the prosecution. The accused may then give evidence or make an unsworn statement on his own behalf and he, or his barrister and solicitor or pleader if any, may examine his witnesses, if any, and after their cross-examination, re-examine them, and may tender written statements in accordance with the provisions of section 146 of this Act. At the close of the accused's case, he or his barrister and solicitor or pleader if any, may sum up his case.

PART VIII - PROCEDURE IN TRIALS BEFORE THE SUPREME COURT

203 Additional witnesses for the defence

The accused shall, subject to the provisions of section 148 of this Act, be allowed to call any witness in attendance who can give relevant evidence, whether or not that witness gave evidence at the preliminary inquiry. If he apprehends that any person whom he wishes to call as a witness will not attend the trial voluntarily, he shall be entitled to apply for the issue of process to compel his attendance :

Provided that no accused shall be entitled to any adjournment to secure the attendance of any witness unless he shows that he could not have taken earlier steps to obtain, or by reasonable diligence have obtained, the presence of the witness.

Article 67
Rights of the accused
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute