The accused, a deaf mute, was tried on two charges of assault but, due to his condition, no reliable communication took place between the court and the accused during the trial. The trial court convicted the accused on the strength of the prosecution evidence and ordered that the accused be detained during the President's pleasure.
Held on review by the High Court:
(i) When an accused is a deaf mute, steps should be taken to ensure that he is legally represented so that the prosecution witnesses can be cross - examined.
(ii) Even if the accused is unable to conduct his own defence and unable to give evidence the court must inquire for evidence which, though not material to his defence, might be of value in mitigation.
