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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