THE REPUBLIC vs. GABRIEL DIMADO & 13 ORS

RULING ON SUBMISSION OF ‘NO CASE’ It is provided in S173 of the Criminal & Other Offences Act, 1960 (Act 30) that if at the close of the evidence in support of a charge, it appears to the Court that a case is not made out against the Accused sufficiently to require him to make a defence, the Court shall, as to that particular charge, acquit him. But, where in the opinion of the court, a case has been made out the Court shall call upon him to enter into his defence. See: 174(1) of Act 30. Where the court decides to call upon the Accused to open his defence, it carries the duty to remind him of the charge and inform him that, if he so desires, he may give evidence himself on oath or may make a statement. The Court shall then hear the accused if he desires to be heard and any evidence he may adduce in his defence. Significantly, all the lawyers for the Accused persons in this instant case, taking advantage of that provision of the law ie S.173 of Act 30, have strongly submi...