The Queen V. Sathasivam, M.

[ASSIZE COURT]

1953 Present   :   Gratiaen J.

THE QUEEN v. M. SATHASIVAM

S. C. No. 1, Western Circuit-M. C. Colombo South, 38,682

Criminal Procedure Code-Section 233-Meaning of words " all statements "-Not limited to unsworn statements-Sections 160, 161 (1).

By section 233 of the Criminal Procedure Code, " All statements of the accused recorded in the course of the inquiry in the Magistrate's Court shall be put in and read in evidence before the close of the case for the prosecution ".

Held, that the words " all statements " cover not only the prisoner's statutory unsworn statements made in terms of section 160 of the Criminal Procedure Code, but also the whole of the sworn testimony which he gave at the inquiry by virtue of the provisions of section 161. It is not open to the prosecution to read in evidence merely selected extracts from the deposition of the accused.

RULING on the admissibility of certain evidence tendered by the Crown in a trial before the Supreme Court.

T. S. Fernando, Acting Solicitor-General, with Douglas Jansze, Ananda Pereira and Vincent Thamotheram, Crown Counsel, for the Crown.

Colvin R. de Silva, with T. W. Rajaratnam and Ananda de Silva, for the accused.

Cur. adv. vult.

542

March 24, 1953. GRATIAEN J.-

In this case the prisoner is on his trial for 'murder. The learned Solicitor-General has invited me, before he addresses the Jury, to give a ruling upon a submission raised by the defence as to certain items of evidence on which the Crown seeks to rely as part of its case. Although it is generally regarded as undesirable to decide such questions in advance, learned Counsel agree, and I am satisfied, that this procedure would be more convenient in the present case.

After the prosecution witnesses had been examined at the non-summary inquiry held under Chapter 16 of the Criminal Procedure Code, the charge was read out to the prisoner and he was informed, under the provisions of sec. 159, of his right to give evidence if he so desired on his own behalf. The statutory caution prescribed by sec. 160 was then administered, and the prisoner made a brief statement from the dock protesting his innocence in the following words :-

" I am not guilty."

That statement will in due course be read in evidence at this trial as required by sec. 233.

After due compliance with the provisions of sec. 160, the learned Magistrate proceeded to ask the prisoner, in terms of sec. 161 (1), whether inter alia he desired to give evidence on his own behalf. The prisoner elected to do so ; he gave evidence on affirmation ; he was cross-examined at some considerable length by Counsel appearing for his (then) co-accused and to a lesser extent by Crown Counsel; and he was then re-examined. The whole of his deposition now appears as item 143 in the list of documents annexed to the indictment.

The learned Solicitor-General states that the Crown does not now desire to read in evidence the prisoner's deposition in its entirety. The Crown proposes, instead, to prove and to rely on a number of extracts selected from the deposition and containing, so it is stated, admissions which to some extent support the case for the prosecution. Dr. de Silva objects to this proposed procedure, and contends that, whether or not the prisoner elects to give evidence at the trial, it is the duty of the Crown to lead in evidence his entire deposition which was recorded by the committing Magistrate. He relies on sec. 233 of the Code which is in the following terms :-

" All statements of the accused recorded in the course of the inquiry in the Magistrate's Court shall be put in and read in evidence before the close of the case for the prosecution. "

The defence claims as of right that sec. 233 must be applied to the whole of the deposition, and it has been argued that the words " all statements " cover not only the prisoner's statutory unsworn statement made in terms o

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