Notes of Proceedings: Case No. 1 – CP – 2011
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I thank you. Judge Abdul Kadir Sulaiman: We have a 15 minutes break for us to deliberate, and then we come back for a finding. In around 15 minutes. That’s around 5.15. Registrar Musa Ismail: Court rise. *****
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21st November 2011 – Session 5 Registrar Musa Ismail: Court rise.
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Judge Abdul Kadir Sulaiman: We have heard both side in submission because the prosecution had closed the case. So what we did, we heard submission from both and so now comes a time for us to make a finding as to whether or not prima facie case had been made, what would happen after that. Now having deliberated, we came to unanimous decision that prima facie case have been made out by the prosecution.
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In the circumstances, defence is called. Both the accused is called in regard to the 1st charge. So, in the circumstances, which I am obliged, the panel is obliged to explain what will follow after this once the defence is called, the law provides 3 alternatives for the accused to choose.
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No. 1, they can remain silent. Because the duty when defence is call is merely to create a reasonable doubt. Not on beyond reasonable doubt standard, but just to create a doubt as to the truth of the prosecution’s case. So, they can choose to remain silent. So as we know if he remains silent, that means he accepts that prosecution had made out, and the prima facie crystallizes into beyond reasonable doubt.
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1/4/2012, 9:43 PM