Criminal Trial–Child witness–Testimony of–Governing principles for consideration-
(a) No hard and fast rule can be laid down qua testing the competency of a child witness to testify at trial.
(b) Whether or not a given child witness will testify is a matter for the Trial Judge being satisfied as to the ability and competence of said witness. To determine the same, the Judge is to look to the manner of the witness, intelligence, or lack thereof, as may be apparent, an understanding of the distinction between truth and falsehood, etc.
(c) The non-administration of an oath to a child witness will not render their testimony doubtful or unusable.
(d) The Trial Judge must be alive to the possibility of the child witness being swayed, influenced, and tutored, for in their innocence, such matters are of ease for those who may wish to influence the outcome of the trial, in one direction or another.
(e) Seeking corroboration, therefore, of the testimony of a child witness, is well-placed practical wisdom.
(f) There is no bar for cross-examination of a child witness–If said witness has withstood the cross-examination, the prosecution would be entirely within their rights to seek conviction even solely relying thereon.
