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.

Select target paragraph3