176. In the instant case, the Court notes that the records of proceedings show that the complainant, prosecution witness No.1 who claims to have recognised the Applicant, repeatedly says the domestic judicial and the only witness that she identified the Applicant because " he sat next to her in the back seat of the car ; that she knew the address of the Applicant before the incident occurred, but that some people had directed her to his home; that she identified the Applicant's face and voice and that she went to his home on 5 April 1997, the very day of the incident pretending that she was going to buy milk; that the police arrested him the next day; that after the incident, she had travelled for five days and returned on 9 April 1997, and that Applicant arrested : she was in no hurry to get the 177. The records also show that the date on the last page of the written statement of the complainant is 11 April 1997, whereas the first page indicates other dates which are not clear. 178. The same records further show that the husband of the complainant, prosecution witness No.2, indicated that the incident was reported to the police on the same evening of the crime; that the complainant did not know where the Applicant lived before the incident; that she told him that the Applicant had entered the car later with a gun anda spear, and not at the onset of the incident. 179. The records show, lastly, that three prosecution witnesses, including the husband of the complainant, said that they were not able to recognise the perpetrators of the robbery because it was dark; and that the robbery occurred on 5 April 1997 at 9.45 pm. 180. A perusal of the entire record and, in particular, the statement of the complainant and that of prosecution witness No.1 reveals uncertainties in atleast the following points: the moment at which the Applicant purportedly intervened in the course of the incident; the fact that the complainant knew the domicile of the Applicant before the incident; the day the complainant went to the home of the Applicant; the date the incident was reported to the police; and the day on which the Applicant was arrested. . pe er e XS & S&S

Sélectionner le paragraphe cible3

Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières