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