Brutus is prosecuted for having sexually assaulted a young girl of 12 years before the Intermediate Court. At the trial, the girl is 13 years old and she gives evidence without being sworn. After two more witnesses have been heard the Magistrates realise that the young girl was not sworn before giving evidence. The young girl is recalled and is sworn and she repeats the evidence she had given before and is cross examined by the defence. Brutus is convicted and sentenced to undergo five years imprisonment. He appeals against the conviction and on appeal it is submitted that Brutus did not get a fair trial because the evidence of the girl which appears on the court record was not given on oath. The prosecution seeks your views on how to reply to the arguments of the defence

Brutus is prosecuted for having sexually assaulted a young girl of 12 years before the Intermediate Court. At the trial, the girl is 13 years old and she gives evidence without being sworn. After two more witnesses have been heard the Magistrates realise that the young girl was not sworn before giving evidence. The young girl is recalled and is sworn and she repeats the evidence she had given before and is cross examined by the defence. Brutus is convicted and sentenced to undergo five years imprisonment. He appeals against the conviction and on appeal it is submitted that Brutus did not get a fair trial because the evidence of the girl which appears on the court record was not given on oath. The prosecution seeks your views on how to reply to the arguments of the defence