79. The Respondent State submits that the Court of Appeal, having considered
arguments concerning the allegation that the Applicant was coerced to
make a statement, came to the conclusion that the Applicant was not
coerced to confess and that the Applicant understood his right to remain
silent. The Respondent State further contends that the statement made by
the Applicant was corroborated by prosecution witnesses.
80. With regard to the allegation that prosecution witnesses provided
inconsistent facts such that their evidence is not credible, the Respondent
State avers that the witnesses were credible. It contends further that the
Applicant never raised this matter before the Court of Appeal. The
Respondent State also submits that the Applicant does not plead, before
this Court, exactly which statements made by the prosecution witnesses
that are inconsistent and the evidence from the prosecution witnesses
focused on different matters (facts), so it was not possible for the facts they
testified on to be inconsistent.
81. With respect to the allegation that the confession statement admitted in
Court was admitted despite the magistrate not following proper legal
procedure, the Respondent State contends that that the magistrate followed
proper
legal
procedure
when
he
took
down
the
Applicant’s
statement/confession. It elaborates that the Magistrate inquired whether the
Applicant suffered from any assault/harm and the magistrate recorded that
the Applicant only told him about the injury concerning his genitals but
nothing of being assaulted.
82. Furthermore, the Respondent State also avers that the Magistrate inquired
whether the Applicant understood his rights when he provided the
statement. The Respondent State submits that the Court of Appeal
analysed the legal procedure followed by the magistrate and concluded it
was in compliance with the law. It also submits that the Applicant was
accorded counsel from the pretrial stage throughout his trial.
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