record of his identification of the defendant; he testified that the
person who recorded his statement is Omini and he doesn't know
whether he recorded it or not.
It is clear from the evidence of the P.W.1, P.W.2 and P.W.3 that
the defendant was not arrested at the scene. It should also be
appreciated that the extra judicial statement of the P.W.3 which he
made to the police on the 6th day of March, 2013 was not tendered
through him under cross examination and so was not admitted as
an exhibit in this proceeding . The question then is whether the
prosecution has successfully established that there was a robbery
or series of robberies and that each robbery was an armed
robbery. These are the first two ingredients of the offence of armed
robbery which the prosecution is expected to prove beyond
reasonable doubt In considering these, I will for now not use the
defendant's extra judicial statement which is Exhibit "C" for
obvious reasons . From the evidence of the P.W.1 highlighted
above, it is clear to me that notwithstanding that intermittently she
referred to the people as armed robbers ; there is nothing in her
evidence to suggest that the people who robbed the bank were
bearing gun or gu_
ns. As a matter of fact, she did not say that the
people were carrying weapons of any kind . The P.W.2 in his
evidence testified that the 4 robbers were each carrying gun . But
he was not at the scene of crime and did not give evidence of what
he saw. His evidence is that he was the team leader of the
investigating police team and was not an eye witness of the crime.
Even at that, he agreed under cross examination that when the
defendant was arrested, no gun was found on him. It was only the
P.W.3 that testified that the people who came to rob the bank on
that fateful day came with one A.K.47 riffle.
The learned counsel for the defendant in that regard in his final
written address contended that the testimony of the P.W.3 is so
fraught with discrepancies that it will be very risky to be relied upon
to convict anybody for an offence as grievous as armed robbery.
He then submitted that the doubt attendant to the evidence of the
P.W.3 also taints his testimony that the defendant was bearing
arms during the robbery operation . In his response in his final
written address, ~he learned counsel for the prosecution
contended that the cumulative evidence of the P.W.1 - P.W.3 and
Exhibit "C have proved the charge alleged against the defendant
successfully. He argued that the statement made by the P.W.3 at
the Police Station was not tendered by the defence when he was
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