Trial
The prosecution opens its case and adduces/submits evidence. The prosecutor will call witnesses one by one to give evidence to establish the offence. Each witness will first be questioned by the prosecutor (examination-in-chief by the prosecution). The witness will then be questioned by the accused or his lawyer (cross-examination by the defence). If necessary, that witness may be re-examined by the prosecutor afterwards. After all the prosecution witnesses have given evidence, the prosecution closes its case.
The defence may then make a submission of "no case to answer", which is an argument that the prosecution's evidence is insufficient to make out a prima facie case (A prima facie case means that the evidence shown by the prosecution, if not successfully discredited by the accused person, is sufficient to prove the commission of the offence by the accused). If this submission is accepted by the Court, the accused is acquitted.
If the Court finds that there is a "case to answer" (i.e. the prosecutor has established a prima facie case), the defence will open its case and call its witnesses. The accused can:
- give evidence personally and call other witnesses;
- choose not to give evidence personally but only call other witnesses to give evidence; or
- choose to do neither of the above.
Where witnesses are called by the defence, the defence witnesses are examined in chief by the defence. They may then be cross-examined by the prosecution, and may be re-examined by the defence. After all the defence witnesses have given their evidence, the defence closes its case.
