Apr 14, 2010, 11:07 AM
This followed the address made by the state counsel N. Jallow and replied by the defence counsel during yesterday’s hearing of the case.
In her address, state counsel N. Jallow stated among other things that the accused, Muhammed Camara, was charged with rape, and the prosecution had proven its case beyond all reasonable doubts against the accused person.
She added that beyond all reasonable doubts does not mean beyond all shadow of doubt, submitting that the issue for determination was whether the accused person had a carnal knowledge of the victim with the use of force or threats.
Ms Jallow submitted that in the absence of direct witness, they would rely on the confessional statement of the accused person, and the evidence of PW1to PW4.
She then urged the court to convict the accused person accordingly.
In response, the defence counsel, Mbugi, from the Legal Office, told the court that the evidence of PW3 and PW4 were not direct evidence in connection to the case, and their evidence were not connected to the offence as alleged.
She added that the evidence of the prosecution witnesses were based on suspicions and not the facts of the matter, submitting that there was no incriminating evidence against the accused person.
She further submitted that the prosecution could not prove its case beyond all reasonable doubts, and was therefore urging the court to acquit and discharge the accused person, as there was no evidence of rape.
The case was then adjourned till 15 April 2013, for judgment.