Wee Chong Jin CJ:

The appellant was charged in the High Court of Singapore before a jury on a charge of murder, the charge being as follows:

THAT YOU, Mohamed Salleh bin Daim, on or about 15 August 1967 at about 7.25 p.m. at the Bukit Timah Fire Station, Upper Bukit Timah Road, eight ms Singapore, committed murder by causing the death of one Rahmat bin Mohamed and you have thereby committed an offence punishable under s. 302 of the Penal Code (Cap. 119).

At the close of the case for the prosecution the trial Judge through an official interpreter of the Court called on the appellant for his defence, gave the appellant the usual warning and informed the appellant that he could consult his Counsel if he so wished.

The usual warning is ordinarily in the following terms: 'You may give evidence on oath in which case you have to do so from the witness box where you may be cross-examined like any other witness, or you may make a statement from the dock to the jury in which case you cannot be cross-examined by anyone, or you may remain silent', and it is common ground that a 'warning' to this effect was given to the appellant.

It appears to be not in dispute that the appellant