JUDGMENT
This appeal originates from the Ruling of the Circuit Court in Cape regarding primarily the admissibility of a confession statement in an ongoing criminal trial.
Brief facts
The brief facts of the case are that the Accused and Appellant in this appeal who is standing trial for the offence of stealing contrary to Section 124 (1) of the Criminal Offenses Act 1960 (Act 29) is alleged to have volunteered statements to the Police amounting to a confession admitting to the offence in two Investigation Caution Statements labeled Exhibits “A1” & “A2” all dated 11th August, 2022. During the evidence-in-chief of thePolice Investigator PW2 in whose presence the confession was volunteered, the Prosecution sought to tender the said exhibits in evidence to which Learned Counsel for the Accused robustly objected on the ground that anindependent witness was absent during the recording of the confession statement amounting to a breach of Section 120 (2) & (3) of the Evidence Act, 1975 (NRCD 323)…