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the robbery?
\
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.,\ns : I cannot remember
()tn : you did not witness the robbery?
!\ns : 1 saw them . I witness the robbery
Qtn : did the police conduct any.identification parade for you to identify the
people you saw on the motor cycle .
Ans : I ~ids~ ~t the cell. The police t;ok me to the cell and asked me to
1dent1l·y the suspect I did so.
Qtn : at _the time , you ·made this statement it was on the same day of the
incident?
f
lj
Ans: it was not one hour after the incident happened that I made mv
statement to the pol ice .
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Qtn : you put do\\·n all you knmv about this case in your statement?
Ans : l made my statement on the basis of what 1 saw and 1 know about the
case .
Qtn : based on your statement, it is clear that you were not there when the
robbers was caught?
/\ns : yes . f ,vas not there. I left and went bc:ick to the filling station to inform
its mnnagement that I knocked down the motor cycle and the robbers ,vere
being chased . It was when I came back that I learnt that it was the cyclist that
,vas caught.
Qtn : you do not knovv the people that committed the armed robbery ?
Ans : the man f smv that day is the man in the dock . I am no longer a child .
It is obvious that the . issue of identity of the defendant was raised . In other words,
,vas the defendant one of the two young men that robbed the pump attendant or
sales girl at CAPAD filling station , Agulu on the 5/5/10?
The evidence of PWl did not assist me in unraveling this issue. She was not able to
adduce evidence on how she identified the defendant when she was taken to the
rolice station to make her extra judicial statement. She admitted that the police
showed her the suspect as one of the boys that robber her. Despite the fact that the
incident was still fresh in her mind at the time she made her statement, she was not
~1ble to say the kind or cloth the defendant was wearing. She testified that she vvas
ordered to lie down by one of the robbers , how then did she have the frame of mind
to readily look at the foce of the defendant to eventually recognize him at the police
station . Another aspect of her evidence that got me worried is her admission that she
had never known and seen the ·defendant before the day of the incident. She was
c.:itegorical when she said that she did not take time to see or observe or know
,vhe;her the defendant has any facial or identification marks . I am /'ully aware of the
I
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