Question

10

You are the legal representative of a woman accused of assaulting her husband's mistress. Your client explains to you during consultation that the mistress came to her home and taunted her, pushed her around, and tried to stab her young son with a knitting needle. She insists on exercising her constitutional right to silence in terms of section 35 of the Constitution and does not want to testify during the trial.

How will you introduce your client's defence at trial?

A.
There is no duty on the accused to provide the court with a defence and therefore I will say nothing.

B.
I will force my client to testify, as she is the only one who can accurately relate her side of the story.

C.
I will have my client provide the court with a plea explanation at the start of trial, and/or I will put my client's version of events to the state witnesses during cross-examination.

D.
I will consult with the state before trial starts to delineate the issues in dispute.