Hearing of Evidence by Commanding Officer

When a commanding officer investigates a charge by hearing the evidence himself– (a) each prosecution witness shall give his evidence orally in the presence of the accused, or the commanding officer shall read to the accused a written statement made by the provided that a written statement of prosecution witness shall not be used if the accused requires that the witness shall give his evidence orally– (b) the accused shall be allowed to cross-examine any prosecution witness; (c) the accused may, on his own behalf, give evidence on oath or may make a statement without being sworn; (d) the accused may call witness in his defence, who shall give their evidence orally and in his presence; (e) the evidence shall not be given on oath unless the commanding officer so directs or the accused so demands; (f) if the evidence is given on oath, the commanding officer shall, subject to the accused’s right to make a statement without being sworn, administer the oath to each witness and to any interpreter in accordance with rule 27. 32