(1) If the court, at any time during the trial, considers that the accused has been negligent in any way not specifically detailed in the circumstantial letter or the charges, the court shall formulate a fresh allegation against the accused, inform the accused about the allegation and invite him to deal with the fresh allegation in his defence, adjourning if necessary to give him time to meet it.
(2) Any witness for whom the accused asks shall, if practicable, be called or recalled and if he is a prosecution witness, he shall be cross examined by the defence and re-examined by the prosecutor and if he is a defence witness, he shall be examined by the defence, cross-examined by the prosecutor and re-examined by the defending officer.
(3) If the charge is found proved, any such additional heading indicating a form of negligence, if finally established to the satisfaction of the court, shall be included in the finding.
GENERAL