75. In the instant case, the record shows that the High Court convicted the
Applicants, partly, on the basis of evidence of visual identification based on
the testimonies of two prosecution witnesses, who were victims of the
crimes. The record confirms that these witnesses knew the Applicants prior
to the commission of the crime as the Applicants were neighbours who
worked in the victims’/witnesses’ house.
76. The record demonstrates that the High Court analysed the circumstances
under which the prosecution witnesses claimed to have identified the
Applicants, including the lighting at the crime scene and the length of time
the witnesses had the Applicants under observation. It was following this
assessment that the High Court decided to ignore the testimony of some of
the prosecution witnesses while admitting the testimony of others. The
judgment of the High Court also demonstrates that the trial judge was fully
aware of the importance of certitude in identification evidence before the
court could rely on the same. The High Court’s findings were, subsequently,
fully endorsed by the Court of Appeal.
77. In the circumstances, the Court finds that the procedures adopted by
domestic courts in assessing the identification evidence did not violate
Article 7(1) of the Charter, specifically or any international human rights
standards, generally.
78. The Court, therefore, dismisses the allegation that the domestic courts
erroneously relied upon evidence of visual identification in convicting the
Applicants.
iii. Failure by the prosecution to prove the case against the Applicants
79. The Applicants allege that their rights were violated because the prosecution
failed to prove the case against them beyond reasonable doubt.
*
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