'' ith . Thal is whether it was a glance; or a longer o,- close observation or an accused
pe rson by the witness . Fro m the PW3 evidence, the robbe ry took place at about
7.::!0a m. By 7.:50 am when the PW3 ca me in to the statio n th e robbe rs were fl eeing
from the station. f n other wo rds, the entire ac tiv ities of the robbers and th eir escape
happened within thirty minutes . The PW2 had about the same period of time to
wit ness the robbery. From their extra judicial statements , both of them we re lying
down . Perhaps, it would be appropriate to reproduce the essential part of exhibit PI.
Th is was Pw2 ·s extra judicial statement to the police.
-Toda y being 5/5/20 IO at about 7.30 hours I left my house with my
motorcycle to buy fuel at th e (s ic) fill ing sta tio n at Amatutu village in /\gulu .
The name of the filling station is (sic) CAP AD tilling station (sic) in Amatutu
getting (sic) to the filling station two boy (sic) with motorc yc le surround me
,vith a gun tryin g to collect my bag from me but latter (sic) th ey lelt the bag
already (sic) th ey have surround (sic) th e sa les girl or the filling station with
that gun . l saw only one of them with th e gun but it is two of them surround
me . They told me to sleep on th e noor. They co ll ec ted money from the sa les
gi rl and ord er her to get them the mon ey which she so ld in th e filling station
after they drove out from the stati on .. . "
Let me pau se here to say th at there are materia l contradicti ons bet1vveen th e oral
testimonies of this witness with hi s e\trc1 _judicia l state ment lo th e police . In his
s,, om testimony . the PW 2 stated that as he drove into th e stuti on one of the young
men pointed a gun at him and he fell into a pit and bent down inside the pit as he
was ordered to do . However_ when the armed man left him he stood up and
observed and saw when the boys snatched the money the female attendant was
holding therea ller both boys _jumped on to the ir molorcycle and Jlecl . lt is obvious,
there "ere no mention o/' /'al Iing inlo a pit and being asked to bend do,vn there ;
there was no mention of th e two boys surrounding him and attempting to snatch his
bag. l n his evidence in this court, he did not mention that the armed men asked the
sa les girl (p,,vl) to get other money she realized from sales that morning. He equally
testified that it was that the defendant was standing with Pw I. It was the young
man with a gun that approached him \Nith the gun . That the pw I was lying on the
ground weeping.
I wus not told the distance between the point the defendant was standing with the
pw I (or where she was lying) to the pit where the pw2 fell into and from vvhence he
saw or observe the defendant snatching the money from pw I. How then was pw2
8bit to readily identif)1 the defendant when he was so frightened by the sight of the
gun that made him to fall into a pit where he bent down? All these created very
seri ous doubt in my mind particularly with regard to his prompt recognition of the
defendant at the police station . There is no doubt that he was merely told thnt it was
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