concept of playing or transmission of such documents cannot amount or be
equated to the actual production thereof.
The video recording
is in line with section 15(4) of
Delta state
Administration of criminal justice law 2017 a completion of this section in
summary of the above is that since the content of the video is relevant to
the proof of the offence, the allegation that the statement was taken from
the video recording, to confirm this, same must be demonstrated. See
NDrDr V STATE (2007)13 NWLR (PT1O52) AT 659 PAR C-D.
Having not demonstrated same in the open court, it means that offence
has not been proved beyond reasonable doubt, and the video exhibit was
merely dumped on the trial. The implication is that having utilized the
undemonstrated video to reach findings in the judgment, it is against the
principles of fairness, there was no cross examination on the content of the
video, it was not challenged nor shown to the respondent in open court.
Am afraid, the analysis behind the court is unacceptable in law and cannot
hold waten
Section 15(4) b of the Delta State Administration of -Criminal Justice Law
20L7 is to the effect that
"Provided that in the absence of video facility such
statement shall be made in writing in the presence
of any person of his choice"'
On the whole, I have no hesitation to find that both evidence in proof of
the offence though admissible (EXH Pl & P3) have not passed the veracity
test nor followed the procedure necessary for its proof, therefore cannot be
held to be credible evidence beyond reasonable doubt, which is the
yardstick for proof in criminal matters.
I
resolve the sole issue in favour of the Appellant.
The appeal has merit and is allowed. The judgement of the Delta State
High Court, Asaba division in Suit No: A/LCIZ:O}O delivered on the 23'd
cA.AS.40C.2022
19
lPagt