Archer, J.: The appellant was charged with stealing and was found guilty after he had pleaded not guilty and after the prosecution had closed their case and the appellant had stood mute throughout without cross-examining the prosecution witnesses or giving any evidence from the witness-box or statement from the dock.
After the first prosecution witness had completed his examination-in-chief the accused stood mute. The learned circuit judge then recorded: "Accused has been certified by the medical officer as fit to plead." It is not clear from the record whether the court asked the appellant whether he wished to cross-examine the witness and he stood mute. It is also not recorded when this medical certificate was made available to the court. If it was not before the court, from where did the learned circuit judge get his information?
The same episode followed after the second witness for the prosecution had finished his examination-in-chief. When the prosecution closed their case, the co…