40.-
(1) Where after the prosecution closes its case the Court finds that the evidence for the prosecution establishes a case sufficient to require the accused person to defend himself against the economic Offence charged' it shall so inform the accused person and require him to adduce evidence in his defense.
(2) Where the Court is satisfied that the evidence adduced by the prosecution up to the close of its case is not sufficient to found a conviction of the economic offence charged, but that it establishes a case in relation to a cognate offence which is an economic offence and for which the accused person may be convicted in the alternative, or if the case for the prosecution establishes other economic offences in addition to that charged, the Court shall inform the accused of its finding and require him to defend himself against the offence established by the prosecution instead of the offence charged, or against those other economic offences established by the evidence as well as the offence charged.
(3) An accused person who elects to give evidence in his defense may do so either on oath or without taking the oath, but shall in either case be subject to cross-examination by the prosecution as well as the Court.
(4) Where an accused person who is required to defend himself elects with no apparent excuse not to say anything and, in addition, not to call any witness or witnesses, an inference adverse to him may be drawn, and the Court as well as the prosecution may comment on his failure to give evidence in his defense