Police Officers Tough and Tricky were investigating the disappearance of Vai, a 10 year-old girl, on her way home from school on a Tuesday. A friend of Vai's said she saw Vai get into a truck but was unable to describe the truck or the driver. No one else was able to describe the truck or the driver. As part of their investigations they checked records of paedophile sex offenders in the area. They discovered that Joe, aged 50, had recently been released from prison after having served nine years imprisonment for the rape of a young girl and was living in the area. 

On Thursday morning, two days after the disappearance, Tough and Tricky went to visit Joe who was sitting on the veranda of his house in the shade eating his breakfast. A double-cab truck was parked in the driveway. The officers approached Joe and Tough asked him whether the truck belonged to him. Joe said 'yes'. The officers then advised him that they were investigating the disappearance of a girl and that he was under arrest.When they arrived at the police station, Tim was taken to an interview room where he and the officers sat on opposite sides of a table. First, Joe was informed of his right to silence. Tough and Tricky then began to question him. Joedenied any knowledge of the disappearance of the girl.The questioning continued 11 am - 5.00 pm, withwith the officers taking turns to ask questions. Joe asked to go to the toilet at 3 pm and again at 4 pm but each timewas told, 'Later - just tell us first what happened.'

A break was taken at 5 pm and Joe was allowed to go to the toilet at that time. At 5.15 pm, tough and Tricky began to question Joe again. This time, the questioning was more aggressive. When Joe attempted to repeat his denial of knowing anything about Vai's disappearance, Tough stood over him, interrupting him by shouting comments such as 'bullshit' and 'crap', and banging his fists on the table. In addition, Tricky said: 'Joe, help us and we can help you - you're in trouble and facing a charge of killing her but, if you cooperate, the charge could just be manslaughter and you would likely only go to prison for a few years.' At 6.30 pm, Joe complained that he was not feeling well and asked for a glass of water. However, the request was ignored and the questioning continued relentlessly. Tough continued to abuse Kini; Tricky continued to assert that it would help Joe if he admitted what had happened.

At 8 pm, Tricky left the room. He returned a few minutes later and told Joe thatthey had just heard that a witness had identified him as the driver of truck used for the abduction.This was untrue. Nevertheless, when faced with Tricky's assertion,Joe admitted having persuaded the girl to come for a drive in the truck, intending to have sex with her, but that when she resisted he had killed her and buried her body in his backyard. Police obtained a warrant to search the property and found Vai's body where Joe had said it was.

Joe has been charged with murder (in Vanuatu, intentional homicide). Will the evidence of his confession and the ensuing discovery of the body be admitted at trial?