Can the defence close its case after the accused has testified as the sole witness?

In these proceedings, the defence closed its case after the accused had testified as the sole witness. Thereafter, in argument, counsel argued that there was an issue of reasonable and probable grounds for the demand. However, in my view, the law in Rilling v. The Queen 1975 CanLII 159 (SCC), [1975] 24 CCC (2d) 81, still applies. Therefore, the issue of reasonable and probable grounds can only arise in the context of a Charter application, on the issues of unreasonable search and seizure or arbitrary detention, pursuant to ss. 8 and 9 of the Charter.