The application was opposed by the
prosecution counsel, Sylvanus Tahir, who
argued that the request of the defence is unnecessary
as the defendant (Metuh) is in court
as a credible
witness and can testify.
The defendant alleged that admitting the victim's statement at trial would violate his 6th Amendment right to confront the
witnesses against him
as set forth in Crawford v. Washington, while the
prosecution argued that the statement constituted an exception to the hearsay rule
as an excited utterance and its admission would not violate the 6th Amendment.