Explanation:

The burden of proving an alibi lies on the accused. In criminal law, the standard of proof for the accused to establish a defense is generally on a 'preponderance of probabilities'. While a successful alibi must be so convincing as to make the prosecution's case impossible (thereby creating a reasonable doubt), the standard for the defense to prove its own facts is not 'beyond reasonable doubt'. Section 11 itself refers to facts making the existence or non-existence of a fact 'highly probable or improbable', which aligns with a higher degree of probability.