4
With regards to the issue of sexual intercourse, there are two pieces of
extraneous evidence which seeks to corroborate the allegation of rape. First
is the alleged admission which the accused made to one Abdoulie Sowe. It
has been alleged that during a confrontation meeting held at the Alkalo’s
residence a day after the alleged rape, the accused is said to have stepped
aside with Abdoulie Sowe where he admitted and confessed to him that he
was under a spell when he committed the offence. Second is the medicolegal certificate and treatment card in evidence as exhibits “A” and “A1”.
These pieces of evidence now fall to be evaluated and scrutinized by the
court.
The admission or confession of an accused person to a crime is the best
evidence of corroboration against him. From the evidence adduced it seems
that Abdoulie Sowe is a material witness whose evidence could have
settled the crucial issue of whether the accused admitted or confessed to
the offence or not. However, for some strange and unexplained reasons the
prosecution did not find it necessary to call this very important witness.
The duty of the prosecution to call all material witnesses whose evidence
would settle a vital point in the trial is long established (MBALLOW V.
THE STATE (1960-1993) GLR 437), and the failure of the prosecution to call
such a witness means that I cannot reach the conclusion whether the
accused ever admitted and or confessed to the crime.
In cases where there was no eye witness account of the alleged sexual
offence, as in this case, the law allows the Court to rely on circumstantial
evidence to resolve the issue of corroboration. Such evidence could include