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Leornard s/o Kaseko v. R., Crim. App. 730-M-67, 8/11/67, Cross J.
Accused was convicted of arson. After making an unsworn statement, he was questioned by the magistrate and cross examined by the prosecutor.
Held: (1) An accused who makes an unsworn statement may be asked questions by the court in order to clarify any of the statements made by him. It is quite improper for him to be cross-examined by the prosecution. (2) In the circumstances of this case, the error in permitting cross-examination did not prejudice accused, and it is curable under section 346 of the Criminal Procedure Code. Appeal dismissed.
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