MARHABA AND OTHERS V. THE REPUBLIC

TAYLOR J.: This is a straightforward case and although in the view I take of the law, the facts in detail are not necessary for a decision, a very brief narration or summary of the said facts may be helpful in order to set the case in its proper perspective. Perhaps the best synopsis of the facts which accords with the evidence is what the senior state attorney, Mr. Kaleo Bio, who presented the case, gave as facts to the court and it is as follows:

“The complainant is a legal practitioner. At about 10 a.m. on 11 April 1973, the first accused was driving a car from the Liberation Circle towards Kaneshie. The two other accused persons were in the car with him. The complainant was also in his car driving in the same direction. When the two cars reached an intersection they grazed each other. The first accused got out of his car and the complainant also got down. Both of them started blaming each other for the accident. In the course of the altercation that ensued the first accused hit the…