activated by the defence, during the cross examination of the witness, the
defence counsel is obliged to demand a copy of the said extra judicial
statement from the prosecution which should be part of the proofs of
evidence. The material portion of the extra judicial statement would then
be put to the witness to give him the opportunity to explain, the extra
judicial statement should then be tendered and admitted as evidence. The
point should then be made an issue during defence counsel's address. See
S. 232 & 233 of the Evidence Act 2011 .
ISSUE TWO
Whether there was correct and admissible identification of the Appellant
by the Complainant. Appellant's counsel submitted that since P.W.1 gave
evidence that she did not know the Appellant before the incident and the
robbery was carried out without delay, there was a need for an
identification parade. Counsel submitted further that since P.W.1 and
P.W.2 did not identify appellant to the Police immediately the offence was
committed, nor disclose any outstanding features of any of the armed
robbers, nor did they participate in the arrest, neither was P.W.2 who
allegedly knew the Appellant before the incident present at the SARS unit
when P.W.1 allegedly identified the Appellant, there was a need for an
identification parade. Especially since P.W.2 did not declare that she knew
the Appellant until she got to the police station and only communicated
the said knowledge to the DCO alone. Counsel cited Bozin v. State (1983)
7 SC 450.
Counsel submitted that the trial Court erred in law by dismissing the
accounts of the Appellant as to how he was brought out of the cell by the
police and identified by a head nod. Counsel submitted further that the
conditions that make identification parade a sine qua non were clearly
stated in Ikemson v. State (1989) 1 CRN 1 & 3. Counsel insisted that none
of those conditions exist in the present case, and the trial Court erred when
it held that the authority does not apply to this case.
Respondent's counsel argued that there was no need for special
explanation of the features of the Appellant since the Appellant was
specifically named in the petition.