PART VIII
PROVISIONS RELATING TO THE COMMITTAL OF ACCUSED PERSONS FOR TRIAL BEFORE THE HIGH COURT

269. Evidence and address in defence

(1) Immdiately after complying with the requirements of section 268 relating to the statement or evidence of the accused, and whether the accused has or has not made a statement or given evidence, the court shall ask him whether he desires to call witnesses on his own behalf.

(2) The court shall take the evidence of any witnesses called by the accused in like manner as in the case of witnesses for the prosecution, and every such witness, not being merely a witness to the character of the accused, shall, if the court be of opinion that his evidence is any way material to the case, be bound by bond to appear and give evidence at the trial of such accused.

(3) 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 such witnesses is not due to any fault or neglect of the accused, and that there is a likelihood that they could, if present, give material evidence on behalf of the accused, the court may adjourn the enquiry and issue process, or take other steps, to compel the attendance of such witnesses and on their attendance shall take their depositions and bind them by bond in the same manner as witnesses under subsection (2)

(4) In any preliminary enquiry under this Part the accused or his legal practitioner shall be at liberty to address the court —

(a) after examination of the witnesses called on behalf of the prosecution ;
(b) if no witnesses for the defence are to be called, immedia- tely after the statement or evidence of the accused ;

(c) if the accused elects—
(i)to give evidence or to make a statement and witnesses for the defence are to be called ; or
(ii) not to give evidence or to make a statement, but to call witnesses, immediately after the evidence of such witnesses.

(5) If the accused or his legal practitioner addresses the court in accordance with subsection (4) (a) or (c) the prosecution shall have the right to reply.

PART X
TRIALS BEFORE THE HIGH COURT

314. The defence

(1) Where the accused elects to give evidence, he may then 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.

(2) The accused shall thereupon from the witness box, or such other place as the High Court may direct, and upon oath, give his evidence and answer any questions or produce anything lawfully put to, or required of him by the High Court or in cross- examination.

(3) If the accused elects to give evidence and thus becomes a witness in his own defence, but refuses or neglects to —

(a) be sworn ;
(b) give evidence ;
(c) answer any question lawfully put to him by the High Court or in cross-examination ;
(d) produce any document or thing which he is lawfully required to produce,
such refusal or neglect may be commented upon by the prosecution and may be taken into account by the jury in reaching its verdict.

(4) Where an accused elects to call witnesses other than himself, his evidence shall be taken before that of any other witness for the defence.

(5) After the accused and his witness, if any, have been called after the examination, cross- examination and re-examination, if any, the accused or his legal practitioner may sum up his case.

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