question was put on pw3 by the court to confirm her age and capacity
to understand the consequences of swearing under oath she
responded by saying that “I don’t know the implication of telling the
truth”. The learned counsel is of the view that buy his answer pw3
does not understand the duty of speaking the truth and therefore not
a competent witness whose testimony should be regarded by this Hon.
Court.
It is to be noted that this court on the realization that pw3 did not at
first understand the question put to her by this court, further asked
her more questions and by her response to those questions this court
reached the conclusion that pw3 was a competent witness and was
allowed by this court to give an unsworn testimony before this court
and hence she testified as pw3.
The defence counsel further stated in her written address that even if
this court reached the conclusion that pw3 can give an unsworn
testimony such evidence cannot solely ground the conviction of the
defendant except such evidence is corroborated by another evidence
actual or circumstantial.
It is the submission of the learned defence counsel that the evidence of
pw4 cannot corroborate the evidence of pw3, being a hearsay
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