A 40 years-old house wife, Mary Luca has been allegedly clubbing her husband to death in Kaduna State, Nigeria. A resident who want to remain anonymous claimed that argument erupted after the wife complaint that her husband always returned home late.
One of the deceased son said it was his mum that killed his father, he said ; that he heard his parents arguing around 3 am and he rushed to know what was happening but his mum prevented him from entering the room claiming that armed robbers were operating. He said his mother shouted back at him to stay off until he finally summoned courage to enter his father's room, he found him vomiting blood and could no longer talk, while his mother was still pretending it was armed robbers who attacked him.
He said he found a heavy object by his side and it was the forehead that was bleeding profusely, so, at day break , neighbors came around to help and the police arrested the woman.
This is a case of Murder, please read my earlier post on murder, i shall be discussing the role of a witness in criminal proceeding.
It is trite law that he who asserts must prove , the prosecution must prove the commission of the alleged offence of which the accused person is charged beyond reason doubt.Witnesses are material to both case for prosecution and the defense.
Who may Testify?
All persons shall be competent to testify, unless the court considers that they are prevented from understanding the questions put to them, or from giving rational answers to those questions, by reason of tender age, unsound mind , extreme old age, disease, whether of body or mind, or any other cause of the same kind.
Please note that a person of unsound mind is not incompetent to testify unless he is prevented by his mental infirmity from understanding the questions put to him and giving irrational answers to them. Every person is competent to testify except on the grounds stated above.
Is the evidence of a single person (the son) sufficient in Criminal Proceeding?
There is no particular number of witnesses that the prosecution must call before it will be taken to have proved its case, except in cases where the law say so, where corroboration is required to prove the case against an accused person beyond reasonable doubt. If the prosecution can achieve this standard then a single witness is sufficient.All the prosecution need is to call material witness.
Instances where Corroboration is require in Law
In a case of Treason and Treasonable felony and accused can only be convicted for evidence of at least two witnesses. Perjury, Exceeding Speed Limit, Sedition and Sexual offences .
Competence and Compellability in criminal proceeding
A witness is competence to give evidence and can be called upon to give evidence at anytime, compellability , a witness is compellable , if he or she may be lawfully give evidence, most competent witnesses are compellable with exception to spouses who are only compellable to give evidence against their spouses in limited circumstances (i.e inflicting violence on his or wife or husband of the person charged shall be competent and compellable witness for the prosecution)
Conclusively, evidence of a single person is sufficient in criminal proceeding, also the son is a competent and compellable witness in this case.
Let us SAY NO TO DOMESTIC VIOLENCE
Thank you
Oyenike Alliyu-Adebiyi LLB (hons) BL
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