A prosecutor's persistent repetition of the rhetorical question 'who else but the accused?' at strategic points in final address is impermissible as it reverses the onus of proof and invites speculation, applying the rationale of Palmer v The Queen. A trial judge's direction that such questions are merely 'a method of reasoning' is insufficient to cure the prejudice; the judge must direct the jury that the question is irrelevant and must be put out of their minds. An accused's failure to mention a matter to police during interrogation cannot be left to the jury as evidence of consciousness of guilt, following R v Smith, Ashford and Schevella.
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