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I'm curious about this - drawing inferences when an accused fails to give evidence. Can the jury infer guilt when a defendant does not give evidence; remains silent?
"Mr Justice Kinney then asked defence barrister John Kearney KC “have you advised your client that the stage has now been reached at which he may give evidence, and if he chooses not to do so … the jury may draw such inferences as appear proper from his failure to do so?”
Mr Kearney said his client “has been so advised” and after the judge asked “and what is his intention?”, the barrister replied “we’re not calling any evidence, My Lord.”
Natalie McNally murder trial: Accused Stephen McCullagh refuses to give evidence or call witnesses
The 36-year old man accused of beating, stabbing and strangling his pregnant partner in her Lurgan home declined to give evidence at her murder trial…