Since the prosecution has not filed any written address, no issue for determination has been formulated by the prosecution. For the purpose of this judgment, this court has adopted issue 1 as formulated by the defence counsel and is hereby reproduced below:“Whether considering the facts and circumstances of this case, the prosecution has proved all the essential ingredients of the offence of Culpable Homicide not punishable with death against the accused person beyond reasonable doubt.” The case of the prosecution is as presented by the evidence of the three (3) prosecution witnesses and the facts upon which the charge was framed against the defendant, are as contained in the charge earlier reproduced in this judgment. Arguing the case of the defendant, the defence in paragraph 4.3 of their adopted written address, submitted that a careful examination of the totality of the evidence led by the prosecution in this case, revealed that the prosecution has woefully failed to prove the elements of the offence of Culpable Homicide not punishable with death against the defendant beyond reasonable doubt. In paragraph 4.5 of their adopted written address, defence counsel submitted Page 4 of 34 that none of the

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