Description
When the Respondent does not appear on hearing of appeal – Rule 80(6) of the Court of Appeal Rules 2009. – visual identification – requirements to be shown – police should conduct an identification parade.
- If on the day fixed for the hearing of an appeal the respondent does not appear in person or by his advocate, the appeal shall proceed, unless the court sees fit to adjourn the hearing. Rule 80(6) of the Court of Appeal Rules 2009.
- If the witness is relying on some light as an aid of visual identification he must describe the source and intensity of that light
- The witness should explain how close he was to the culprit (s) and the time spent on the encounter
- The witness should describe the culprit or culprits in terms of body build, complexion, size, attire, or any peculiar body features to the next person that he comes across and should repeat those descriptions at his first report to the police on the crime who would in turn testify to that effect to lend credence to such witness’s evidence.
- Ideally, upon receiving the description of the suspect(s) the police should mount an identification parade to test the witness’s memory, and then at the trial the witness should be led to identify him again.
