Particulars of Error supplied.
4. The appellant had no fair hearing and there was miscarriage of justice going by
certain pronouncements and actions of the trial Judge and in view of the lengthy
period between the times of final addresses by counsel and the time the
judgment was finally delivered.
Pursuant to the rules of this court, the parties, through their counsel, filed and
exchanged their Briefs of argument. The appellant formulated four issues for
determination of this court as follows:(i) Did the prosecution adduce sufficient legal evidence to warrant the conviction
of the appellant for rape?
(ii) Did the medical evidence adduced by the prosecution meet the standard of
corroborative evidence required to convict the appellant of rape in all the
circumstances of the case?
(iii) Was there material contradiction in the evidence of the prosecution and if
there was, was the learned trial Judge right in using his own personal knowledge
to resolve the contradiction?
(iv) Did the appellant have a fair hearing and a fair trial having regard to the
length of time between final addresses and the date of judgment and also by
some of the trial Judge's pronouncements and actions against the appellant in the
course of trial?
The respondent, as prosecutor, for their own part adopts the issues for
determination as set out by the appellant with the exception of issue (ii) there of.
In its place the respondent formulated its own to be:-