(1) Where the defence—
(a) fails to give a defence under section 908;
(b) gives a defence after undue delay following the disclosure by the prosecution;
(c) sets out inconsistent defences in a defence statement given under section 909;
(d) at his or her trial puts forward a defence which is different from any defence set out in a defence statement given under section 909;
(e) at his or her trial, adduces evidence in support of a special defence without having given particulars of the defence in a statement given under section 909;
(f) at his or her trial, calls a witness in support of a special defence without having complied with section 909(3),
the Court or, with the leave of the Court, any other party, may make such comment as appears appropriate or the Court or jury may draw such inferences as appear proper in deciding whether the accused committed the offence concerned.
(2) A person shall not be convicted of an offence solely on an inference drawn under subsection (1).