In her submission before the court, the defence admonished the court to tamper justice with mercy, pointing out that since the accused was incarcerated he had learnt his lesson and therefore urged the court to tamper justice with mercy in passing the sentence.
In the previous trial, application was made by defence counsel, Cheryl Blake, for the discharge of the matter.
The defence lawyer, C Blake in her application, said the prosecution had ceased prosecuting the matter, adding that since she took over the matter prosecution had done nothing to further the case.
Though the prosecuting counsel was not present during the hearing, the judge commenting on the application, saying that the counsel has already provided the court with enough evidence upon which he could rule.
Justice Margai pointed out that three prosecution witnesses have already testified in the matter and that what is left is for the medical report of the victim to be tendered in court.
