On his second issue, counsel submitted that the offence the accused is
charged with is a sexual offence under Section 180 (2) (a) of the Evidence
Act 1994 and it needed to be corroborated. That the definition of
corroboration is as stated under Section 169 of the Evidence Act to be
independent evidence……..” counsel submitted that the evidence of the
complainant needed to be corroborated by independent material. That
the evidence of the complainant is the sole piece of evidence. That her
witness statement is unsworn and is not independent. Also, that the
evidence of the accused had not been corroborated and his cautionary
statement which was unsworn could not corroborate the sworn
testimony.
On his third issue on the proof of age, it is the submission of counsel
that the correctness of the complainant’s birth certificate was
questioned. That the complainant said to have been born in 1992 was
not registered until 2003 and that raises a huge doubt which must be
resolved in favour of the accused person. It is the further submission of
counsel, that the proper person to have tendered the birth certificate and
be cross-examined on it was Registrar of Births and Deaths at the
Department of Health and which officer was not brought to court. That
the complainant’s father did not tender her clinic card which he said he
had. Counsel submitted that the onus is on the prosecution to establish
that she was less than 18 years of age and which onus has not been
discharged. That the evidence of PW4 regarding the correctness of the
birth certificate should be disregarded. Counsel finally submitted that no
medical evidence was tendered to support the allegation that the accused
had carnal knowledge of the complainant.
The prosecution in its address stated its case relying on Section 127 of
the Criminal Code and submitted that it is inherent that the ingredients
of the offence for which the prosecution must prove fall under three
categories:
1.
That the state has to prove that the complainant was less than 18
years of age at the time of the alleged offence.
2.
Whether the accused had carnal knowledge of the complainant.
3.
And did the accused have any reasonable cause to belief that the
complainant was 18 years and above.
Mr. Sanneh state counsel submitted that the prosecutions had called
four witnesses and tendered five Exhibits.
On the first ingredient, was the complainant under 18 years, the
prosecution submitted that the complainant was in grade 9 at the time of
the offence in July 2009. That given the time at which children go to
school in this country, the complainant would still have been under 18
years in grade 9. Counsel submitted that to further buttress the age of