Reference no: EM133263085

A final year law student is charged with the alleged rape of a fellow student. At his arrest, it is explained to him that he has the right to remain silent and that anything he says, might later be used as evidence against him (section 35(1)(b) of the Constitution). He refuses to say anything and is detained in the police cells. A day later he calls the investigating officer (an inspector) and says that he wants to make a confession. The investigating officer takes him to a colleague (a captain), who takes down the confession after also warning the accused in terms of section 35(1)(b) of the Constitution.

Accept that you are the magistrate. Fully explain how you will handle the accused's argument that the confession is inadmissible evidence.