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