MOOT COURT CASE STUDY FOR PRACTICAL

Joseph and Jamal are famous tycoon and business mogul on entertainment
industry in the country. Their exposure is beyond imaginary to many of
people who aspired them, particularly fellow business men and upcoming
musicians. Despite they wealthiness and famous, they both admires one
pretty and sexy lady called Nancy, who is also a business mogul when it
comes to real estate business in the county. Nancy owns several real estate’s
firms in the country and outside the country in partnership with her friends.
On different occasions both Joseph and Jamal tried to approach Nancy,
seducing her to fall in love with one of them, however, Nancy denied their
request on both occasions. Despite these denials both Joseph and Jamal
never gave up, as they always tried to win their lucky, being with a pretty
and sexy lady that every one of them admired. This made them, on separate
time and place to arrange a dinner date for her, being the effort of winning
her heart and mind. All these efforts turned in vain, being aggrieved by all
these fruitless efforts in pursuing her, Joseph and Jamal sworn and promise
her, that they will do anything in their powers to have her in their hands.

On the material day, June 24, 2021, Joseph and Jamal got an information
from their source, to the effect that Nancy was going to attend a birthday
party of her friend Shamsa, which was to be conducted at Club de Santos.
Around 21:00 Hours, Joseph and Jamal arrived at Club de Santos each one
drove his expensive Ferrari. Being famous everyone was after them when
they were in the club. They succeeded to spot where Nancy was seated.
Jamal being a big boy approached where she was seated and seduced her to
join them on their table, which she did. Soon after her arrival, Joseph called a
waitress and instructed her to take any order from Nancy. Nancy ordered a
glass of expensive Irish Whiskey called The Macallan 1926. In the middle of
having fun, she had to attend a restroom. Joseph and Jamal used this
opportunity to insert a drop of cocaine in her glass of whiskey. She resumed
and continued to enjoy her drink, but a few minutes later, she started to feel
dizzy and consequently unconscious. Joseph and Jamal used this opportunity
to grab Nancy out of the club and left wish her. During search for her, two
days later Nancy was found in the Motel room in bad condition When
interviewed by the Detective one Sharif who led the investigation, Nancy tol
him that what she remembers was that she was enjoying the company of
Joseph and Jamal, but suddenly she felt dizziness and what happened
thereafter she has no ideas, found herself in the hospital. The medical report
conducted by Doctor James, revealed that the cause her dizziness and
unconcise was due to cocaine inserted in her drink. Moreover, Nancy was
sexual abused, to include rape and buggered. Joseph and Jamal when tried to
free the country, they were arrested at airport. Consequently, taken to police
custody pending indictment.

The Prosecution side called five witnesses, to wit the first was the victim.
PW1 who testified that she knows all accused persons as they both once
approached her. She further elaborated that on the material day she was at
her friend's birthday party called Shamsa, when she was approached by
Jamal who requested her to join them, where she agreed. That she ordered a
glass of whiskey, that everything was fun and fine before she went into
restroom. As she can recalled that soon after she returned from the
restroom, she only remembers to have drink one round of her whiskey,
whereby after few minutes she felt dizzy, only came to regain her sense
when she was in the hospital.

PW2 one Shamsa, testified that she knows the victim since high school. That
on material day she invited Nancy on her birthday party. She further
revealed that they were having fun before Jamal approached Nancy and left
with her. She didn’t know were the two went until the waitress approached
her, with her friends, telling them that their friend was seen grabbed by the
two men she was seated with, moreover, she was seen to be unconcise. That
during the search for her, two days later she was found in the motel room in
a despair state. They rushed her to the hospital for an immediately
treatment.

PW3 one Ashura, she averred that during her night shift at the club, Jamal
called her and instructed her to take any order from Nancy. She brought a
glass of The Macallan Whiskey for her as she ordered. She narrated that after
sometimes she saw Jamal and Joseph leaving with her, but she looked very
unconcise, that is where she decided to inform Shamsa, because, she first
saw Nancy celebrating with her. After three days she came to hear some
news that the lady who left with Jamal and Joseph was found in the motel
room in a despair state.
2PW4 James, testified that during his shift at the hospital he admitted a
patient named Nancy who was at bad conditions. He admitted to had
conduct a medical check up to Nancy, whereas the medical examinations
revealed that, she suffered emotional distress due to combination of cocaine
and whiskey and further that was raped and buggered. Moreover, that after
medical examination, he prescribed certain medications for her and that
after three days she was discharged from the hospital. The Prosecution
prayed to tender a medical report as “Exhibit 1” whereby the court admitted
accordingly.

PW5 one Rashid (a chief security officer at London Motel), averred that on
material day the two accused persons who are among of their premier
customers arrived at the Motel with a lady who seemed to be sleepy and
unconcise. He further testified that accused persons booked that same suit
that they always book, but that day they demanded the CCTV Cameras in
their room to be switched off, which he being the chief security officer after
consultation with his manager decided to honor, their demand. He continued
that accused persons left the Motel the followed morning. A day after he was
called by one of Motel attendant who told him that there was a lady laid on a
Jacuzzi; where he decided to inform police. Supporting this Prosecution side
prayed to tender CCTV footage of front entry and reception, captured
accused persons entered the Motel carried the victim. CCTV footage was
admitted as “Exhibit 2” by the court accordingly.

PW 6 Detective Constable Sharif, testified that on the day of incident, when

he was at the station, PW2 and her friends arrived at the station. Reported
about an abduction incidence which took place at Club de Santos and that
the victim was their closest friends. Acting accordingly, he followed all
procedures and investigation started immediately. During investigation he
acknowledged to have received a phone call from PW5 who informed him
that there was a lady in their Motel, seemed to be unconcise and despaired.
After receiving such information, he decided to called Shamsa, went together
to the Motel, found Nancy laid on a jacuzzi unconcise, thereby took her to the
hospital. He further revealed that on interview the victim, the victim told him
that he had no idea what happened to her. Moreover, during investigation,
the investigation led him to a person known as Jabali (notoriously as the
connector) who was suspecte

3to have informed accused persons that Nancy will be attending her friend’s
birthday party. After intensive interrogating him, he confessed to know
accused conspiracy and informed them. He also helped the Police Force
toward the subsequently arrests of accused persons at airport.

Accused persons enjoyed the legal representation of a reputable defense

firm called Gents Attomey in Law. Defense case was opened by;

DW 1 Jamal, who testified that he knew the victim, and had tried to seduce
her to be his lover but she turned down his offers several times. Moreover,
that he knows nothing about allegedly abduction of Nancy or anything
concerning rape and buggered. As he was so surprised that when he was
about to left the country for his business dealings with his closet friend
Joseph they were arrested and subsequently indicted for allegedly offences.
Moreover, that he is wondering that none of the prosecution witnesses
testified to have seen him or his co-accused committing the allegedly
offences as indicted. He also challenged the medical report as it also
revealed that the victim was under recommended prescription for using
certain type of drug which contain high amount of cocaine in it as therapy.
He is wondering, what if the cause of her dizziness and subsequently
unconcise was not due to cocaine inserted into her whiskey but high level of
cocaine in her blood veins that she has been using after every three months!

DW2 one Joseph, after being informed of his right to enter defense he chose
to remain silent and letting the court to decide on the matter at hand.