JUDGMENT

Suffian LP:

The issue here is whether in a security case tried in accordance with the Internal (Security Cases) Regulations 1975, ("the regulations"), when the prosecution has closed its case, the Court is obliged to call on the accused to enter on his defence, even if the prosecution has not made out against him a case which, if unrebutted, would warrant his conviction.

This point was first argued before three of us, on 3 July 1979, when we reserved judgment. In the course of considering our draft judgment, we decided that it would be desirable to have a point of law of such importance as this re-argued before five Judges; and accordingly it was re-argued on 23 June 1980, in the presence of two additional members of the Court, namely our brothers Raja Azlan Shah CJ (Malaya), and Lee Hun Hoe CJ (Borneo).

At first this appeal was argued on behalf of the accused by Tengku Suleiman. The date of re-argument was fixed to enable him, who was then away overseas, to appear again before us. But as it happened, at the second hearing the accused were represented by Mr. Pasupathy and Mr. Victor Isaacs.

Tengku Suleiman, later Mr. Pasupathy, has been instructed only by the second accuse