Mike and Rose live in Pasifika. They used to study together at the University of Pasifika, fell in love with each other and got married. For three years after their marriage they kept trying to have a baby but were unsuccessful. They consulted doctors, who advised them to be patient and to keep trying. Mike loves children and started resenting Rose. They started having arguments in their marriage and Mike began drinking alcohol on a daily basis. However, in the fifth year of their marriage, Rose got pregnant and gave birth to a healthy baby boy, they named the baby Michael. Mike was overjoyed and threw a big party. All friends, relatives and neighbours were invited. During the party, Mike got drunk and picked up an argument with Rose. The argument turned nasty and Rose yelled at Mike, "You will never improve. Thank God Michael is not your son, otherwise he would turn out to be like you!". Mike gets furious, punches Rose and asks her whose child is Michael. Rose shouts and says Michael is their neighbour Peter's child. On hearing this Mike lunges at Peter who is at the party and beats Peter up. Rose tries to stop Mike. Peter gets a hold on himself after the attack by Mike and pushes Mike away. Mike who was drunk falls down near the dinner table and picks up the carving knife. He charges towards Peter with the knife but Rose comes in between and Mike stabs Rose. Rose bleeds and is rushed to the hospital. Joseph, who was hired to shoot photos and videos at the party, records all this on his camera. Rose recovers after two weeks. She gives her statement to the police. Mike is charged with the act of intent to cause grievous bodily harm. The case is coming up for trial. The young prosecutor, Benjamin is nervous with preparation for the trial. He did not study Evidence at law School and seeks your assistance in preparing for the trial. 1. Advise Benjamin on the admissibility of the following evidence: i. Carving knife; ii. Video recording of the attack on Rose and Peter Illustrate your answer with reference to cases and legislation. (10 marks) 2. At the trial, Rose is called as a witness but she refuses to testify. Benjamin does not know what to do. Advise Benjamin what he can do with the witness. Illustrate your answer with reference to cases and legislation. (5 marks) Rose also files for divorce and maintenance for herself and Michael in the Family court of Pasifika. Mike does not want to pay maintenance for Michael as he thinks that he is not the father. Rose comes to you for advice if she can claim maintenance for Michael from Mike. Advise Rose on her maintenance claim for Michael. Illustrate your answer with reference to cases and legislation