PART II – SUMMARY TRIAL

103. (1) At the close of the evidence in support of the charge if it appears to the Court that the case is made out against the accused or the defendant sufficiently to require him to make a defence the Court shall ask him if he wishes to say anything in answer to the charge, or has any witnesses to examine or other evidence to adduce in his defence, and the Court shall then hear the accused or the defendant and his witnesses and other evidence, if any.

(2) If the accused states that he has witnesses to call but they are not present, the Court may, under the circumstances set forth in section 117, take the steps therein mentioned to compel their attendance.

PART III – PRELIMINARY INVESTIGATIONS

116. Immediately after the accuses shall so have had opportunity of making his answer to the charge, the Court shall ask him whether he desires to give evidence on his own behalf and whether he desires to call any witnesses, and the evidence of the accused together with the depositions of such witnesses as the accused shall call, and who shall appear on his behalf, shall then be taken in like manner as in the case of the witnesses for the prosecution.

117. If the accused states that he has witnesses to call, but that they are not present in Court, and the Court is satisfied that the absence of the witnesses is not due to any fault of the accused, and that there is a likelihood that they could, if present, give material evidence on his behalf, the Court may adjourn the investigation and issue process, or take other steps, to compel the attendance of such witnesses.

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