74. The Applicant also submits that the trial court misdirected itself on a point
of law by overlooking the contradictions of the prosecution witnesses during
the trial within a trial and admitting exhibit P-9 contrary to the procedure of
admitting exhibits.
75. He further alleges that the court erred on a point of law by using exhibit P-9
to find an intention of the Applicant to commit an unlawful act, namely that
of killing, rather than stealing. Accordingly, the court erroneously continued
to hold that the Applicant fully participated in the killing of the deceased
while there was no evidence for this claim.
76. The Applicant, moreover, contends that the court erred in law by using
exhibit P-8, which is the confession statement of the co-accused, as the
basis to convict the Applicant without other corroborative independent
testimony.
77. Finally, the Applicant also claims that the court erred in law by admitting and
using exhibit P-7 to convict the him while the ownership of the alleged stolen
articles was not distinguished from other materials, and that there were no
marks on the exhibits to certify that they were owned by the deceased, with
the result that the evidence was not collaborated by other independent
evidence.
*
78. The Respondent State disputes the various allegations made by the
Applicant. It submits that the Applicant was convicted based on nothing less
than credible evidence which was properly considered by the trial court.
79. Specifically on the issue of the extra-judicial statement, the Respondent
State refers to page 35 of the trial court’s proceedings, where it emerges
that the advocate for the second accused objected to the extra-judicial
statement being tendered in Court as it was not given voluntarily and the
second accused was not a free agent before the justice of the peace. The
Respondent State also references page 36 of the trial proceedings record,
18