The absence of a direction to the jury on the accused's right to silence does not necessarily constitute a fundamental irregularity going to the core of the trial. Azzopardi v R does not establish that such a direction is compulsory in every case. Where no direction was sought at trial and the non-direction does not go to the core of the matter, leave under Rule 4 will not be granted. A trial counsel affidavit stating merely that there was no tactical reason for the omission, without more, will be given no weight.
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