. -·-· ---- - ---- - -- -- - - The defendant testified as follows : Qtn: have you seen exhibit "p3"? Ans : yes l have seen it. Qtn : you signed it? Ans : yes l signed it . Qtn : how did you sign it? Ans : I was beaten three times before I signed it. Qtn: who beat you before you signed exhibit p3? Ans : l was beaten by the investigation police officer (IPO) and members of his team . Qtn : you saw pw4 ·when he testified? Ans : yes . Qtn : wc1s he one of the people that beat you? Ans : he was one of the people that beat me . Qtn: did they beat you before you signed exhibit p3'? Ans : I was beaten before I signed exhibit p3 . Qtn : how did they beat you? Ans : they used a big rope to tie my both hands and legs up and kepl in the front of their office . They used electric \Vire to flog me . Qtn : what part of the body did they flog you? Ans : they flogged me all over my back and legs Qtn : apart from flogging you with electric wire, did they do any other thing to you? Ans : yes . They handcuffed my hands and legs and tied me up . They hung me on a bar erected on tvvo poles . Thereafter, they began beating me again . They used a scre\v driver to pierce my leg. I still have the scars on my legs. Qtn : did they tell you any thing before you sign exhibit p3? Ans : they insisted that I must sign exhibit"p3 " and ifl sign it, they would allmv me to go . The prosecution did not contradict the above evidence in any \Vay . It is settled that section 29 of Evidence Act 201 I is an exclusionary provision that has set out the limiting parameters of voluntariness of a confession by providing the vitiating factors to acknowledging of voluntary statc111cnl . The implication i.1risi11g from construing ~ections 28 and 29 ul' Evidence Acr , 2011 together is that \\here an accustd perst)n cha Iknges a con kssiunal stutem.ent ur1x11-enl ly m:1dc hy h iin (i .e. \\ here he hus O\\ ncd it up as hi s) Lh(:n and only then docs it become necessary for a court to order a mini trial to determine the voluntariness of the swtcmcnt belcire Page I 17