117D. Failure to account for objects, substances or marks

there is on his person;

in or on his clothing or footwear;

otherwise in his possession; or

in any place in which he is at the time of his arrest, any object, substance or mark, or there is any mark on any such object;

that or another police officer investigating the case reasonably believes that the presence of the object, substance or mark may be attributable to the participation of the person arrested in the commission of an offence specified by the police officer;

the police officer informs the person arrested that he so believes, and requests him to account for the presence of the object, substance or mark; and

the person fails or refuses to do so, then if, in any proceedings against the person for the offence so specified, evidence of those matters is given, subsection (2) applies.

in determining whether there is a case to answer; and

in determining whether the accused is guilty of the offence charged, may draw such inferences from the failure or refusal as appear proper.