dated 6/8/08, signed by ASP Peter Amadi- PW4. Exh J is the statement of PW5 made to the police on 22/7/08 at SARS Awkuzu. Exh K is the statement made by the Appellant to the police at SARS Awkuzu on 11/7/08.There are copious allegations against the Appellant. The questions on my mind however remain, why did PW2 not give a statement to the Police on 4/5/08 when the PW1 gave hers. Why was a proper identification parade not carried out? Why did it take 3 months for the prosecution witnesses to be sure of the Appellant's identity? On page 76 of the record, P.W.2 alleged that she told the DCO that she knew the Appellant very well and she knew it was important to give as much detail as she knew about the incident but did not give any statement to that effect. PW2 also admitted that she was with PW1 at the station when she gave her statement, and she knew and could recognise the Appellant if she saw him. Not even after she went home that day and PW5 allegedly pointed out the Appellant did she go back to report. P.W.2 claimed she went back in May to write a statement to SARS but the one on Record is dated 15/07/08 and she admitted on page 78 of the Record during cross examination that she did not make any other statement. Furthermore, during cross examination on 9/11/09, she admitted that she told the DCO at the Inland Police Station that she knew the identity of the Appellant. Also, under cross examination she admitted that she did not reveal on 21/4/10 the identity of the armed robber since she was asked to go home and rest, and she did not know if P.W1 revealed the identity of any suspect on 4/5/08. One would expect that she would want to give this information at the earliest opportunity. It is surprising to me that she did not give the information to the police at the earliest opportunity. PW2 did not even go back within the month. She went back 72 days later to give the information. I am of the firm view that P.W.1 and P.W.2 did not recognise the Appellant at the time the offence was committed but claimed to identify him as their assailant months later, as a result of the discussion of PW2 with PW5. Armed with a name of a possible suspect, the Police set about their subjective investigation. No satisfactory explanation has been given for PW1 and PW2's lapses in memory. Witnesses have the duty to tell the

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