In which situations can a defendant be a comeptent and compellable witness for the prosecution against a co-accused? S53 (4) states that a defendant is not competent to testify for the prosecution so long as he or she is a person charged in the proceedings, that is named in the indictment. B,C and D allows a defendant to be removed from the indicmtnet and therefore able to give evidence against a co-accused.
A)If D pleads guilty and is still on the indictment for the same offence as the co-accused
B)If D pleads guilty and is subsequently removed from the indictment
C)When D is acquitted, with the prosecution offering no evidence
D)If D is removed from the indictment and is tried separately
E)All of the above

Question

Quizplus · Accepted Answer

These three situations involve the defendant being removed from the indictment, which then allows them to be competent and compellable witnesses for the prosecution against a co-accused. Option A is incorrect because if D is still on the indictment, they are technically still a person charged in the proceedings and therefore not competent to testify for the prosecution. Option E is incorrect because not all situations listed in A, B, C, and D allow the defendant to be a competent and compellable witness for the prosecution against a co-accused.

In Which Situations Can a Defendant Be a Comeptent and Compellable