116
Laws of Malaysia
Act 593
(c) If the accused refuses to plead or does not plead or
claims to be tried, the Court shall proceed to take all
such evidence as may be produced in support of the
prosecution.
(d)
When the Court thinks it necessary it shall obtain from
the complainant or otherwise the names of any persons
likely to be acquainted with the facts of the case and to
be able to give evidence for the prosecution, and shall
summon to give evidence before itself such of them as
it thinks necessary.
(e)
The accused shall be allowed to cross-examine all the
witnesses for the prosecution.
(f)
(i) When the case for the prosecution is concluded the
Court shall consider whether the prosecution has
made out a prima facie case against the accused.
(ii) If the Court finds that the prosecution has not made
out a prima facie case against the accused, the
Court shall record an order of acquittal.
(g)
Nothing in paragraph (f) shall be deemed to prevent the
Court from discharging the accused at any previous stage
of the case if for reasons to be recorded by the Court
it considers the charge to be groundless.
(h)
(i) If the Court finds that a prima facie case has been made
out against the accused on the offence charged,
the Court shall call upon the accused to enter on
his defence.
(ii) If the Court finds that a prima facie case has been made
out against the accused on an offence other than
the offence charged which the Court is competent
to try and which in the opinion of the Court it
ought to try, the Court shall amend the charge.
(iii) For the purpose for subparagraphs (i) and (ii), a prima
facie case is made out against the accused where the
prosecution has adduced credible evidence proving
each ingredient of the offence which if unrebutted
or unexplained would warrant a conviction.
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