Political Law, 2011 Bar — Question 57

MULTIPLE CHOICE

Accused X pleaded not guilty to the charge of homicide against him. Since he was admitted to bail, they sent him notices to attend the hearings of his case. But he did not show up, despite notice, in four successive hearings without offering any justification. The prosecution moved to present evidence in absentia but the court denied the motion on the ground that the accused has a right to be present at his trial. Is the court correct? (A) No, the court is mandated to hold trial in absentia when the accused had been arraigned, had notice, and his absence was unjustified. (B) Yes, it remains discretionary on the court whether to conduct trial in absentia even if the accused had been arraigned and had notice and did not justify his absence. (C) Yes, it is within the c0urt’s discretion to determine how many postponements it will grant the accused before trying him in absentia. (D) No, the court may reject trial in absentia only on grounds of fraud, accident, mistake, or excusable negligence.

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