Question
Kalobwe was arrested on suspicion of robbery following a number of criminal activities in his neighborhood. Some members of his neighborhood allege that they saw
Kalobwe was arrested on suspicion of robbery following a number of criminal activities in his neighborhood. Some members of his neighborhood allege that they saw the culprits involved in the spate of robberies and identified one of the culprits to be Kalobwe. The police moved in and he was arrested to help with investigations. The police informed Kalobwe that there was a positive identification of him by one of the victims. Kalobwe has maintained that he is innocent of the allegations being leveled against him. The police are however under pressure to show that they are working 27/7 to bring about the prosecution of the culprits and wish to secure a conviction no matter what. To secure a conviction, the police have decided to keep Kalobwe in a very cold dark room without water or toilet and he was told he could free himself from his ordeal if only he confessed his involvement in the crimes as enough witnesses were ready to testify in court against him. After being in detention for about 24 hours, Kalobwe has told the police that he was indeed involved in the criminal activities but that he does not know where his accomplices lived hence could not give the police further information on their whereabout. The police presented a statement to Kalobwe for signing which was to be used in court as a confession that he was indeed involved in the robberies. The police depended on the confession as the main evidence against Kalobwe upon which a conviction would be secured.
You are one of the State Advocates with the National Prosecutions Authority (NPA) and the Director of Public Prosecutions has asked you to brief on the effects of the evidence being relied on to secure a conviction.
Making reference to decided cases and constitutional provisions proceed as asked.
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