appellant has submitted that he and his wife were free from any such infections.
Such evidence, however, could only be given by an expert. This would have
required a voluntary testing by the appellant to rebut the allegation that he had a
sexually transmitted infection.
The appellant had alleged that the prosecution witnesses had been coached to
state the evidence that they gave before court and that some of the prosecution
witnesses had been given money by the Prosecutor to give their evidence in the
manner that they did before court. What is of interest is that when the lower
court questioned the witnesses about being given money it transpired that not
only were the prosecution witnesses given money but that even the defense
witnesses and that this was actually money for their transport home. If indeed
prosecution had given money to prosecution witnesses to drum up charges
against the appellant, I wonder how the appellant will explain the point of PW4
reporting to PW2 about what she found in her bathroom – who could have paid
her money to report the matter to PW2 and for what reasons? The appellant
further alleged that the prosecutor, the complainant’s father and some other staff
at court were all from the North and had connived to corrupt the justice system to
ensure that he is put behind bars.
The
appellant had alleged that the
complainant’s father had demanded K20,000 from the appellant’s relatives so that
the case could be withdrawn. It was of interest that the appellant did not call
anyone of the said relatives to give evidence in court to substantiate his allegation.
This in my view is the worst assault of the justice system. I cannot imagine what
the justice system would benefit by having the appellant behind bars. It is not
known what the appellant will now say about the Chief Resident Magistrate
12
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