R.v.Alex Goswino Liengela, (PC) Crim. Rev. 4-D-67; 15/7/67; Hamlyn J.

R.v.Alex Goswino Liengela, (PC) Crim. Rev. 4-D-67; 15/7/67; Hamlyn J.

Accused was suspected of having broken into the home of the complainant to steal money. He had apparently come to the complainant’s house and been seen by a child four years of age. Complainant agreed that no charges would be brought if the money were returned. Accused gave the money to the Divisional Executive Officer to be returned, and admitted that he had stolen it. The police later received an anonymous letter which gave the details of this transaction, and prosecution of accused followed. During the trial, both the admission to the Divisional Executive Officer, and testimony by another witness as to statements allegedly made by the child, were admitted in evidence.

            Held: (1) The admission was inadmissible on either of two grounds; first, it was made to a person who “carried out executive duties similar to those of a police officer”; second, “it was patently obtained by the promise that no criminal case would be brought ….” (2) The child’s statement is inadmissible ad hearsay.

            The Court stated, obiter; If the child had been called and had been able to give an unsworn statement, corroboration would have been required. Further, “it would seem that a child of such tender years would scarcely be able to give a credible story, such tender would scarcely be able to give a credible story, albeit unsworn, apart from the matter of corroboration”.