Rex V. Abu Du Adenjimah & Anor (1942)

LawGlobal Hub Judgment Report – West African Court of Appeal

Criminal law—Identification of prisoners—Failure of prosecution to call material witness.

Facts

The appellants were charged with falsely pretending. to be public officers and stealing from a dwelling house. Photographs of the appellants were shown to a witness prior to an identification parade, at which the witness later identified the appellants.

Prior to this, however, the witness had ample opportunity of studying and knowing the appellants at an interview with them in broad day-light.

At the trial the prosecution did not call a young girl, aged between 10 and 12 years, who happened to be outside the house when the stolen property was being carried out. The Court convicted both appellants.

Held

Procedure did not vitiate evidence of identification as witness had ample opportunity of identifying appellants before he was shown the photographs. Court referred to case Rex D. Kuree (7. W.A.C.A. p. 175).

Held farther that on the, facts the failure to call the child as a witness was not a sufficient ground for quashing the convictions..

Appeals dismissed.