This week I want to focus a bit on the importance of the evidence of identification in the criminal justice system. It is trite law that a basic and fundamental duty of the prosecution is to prove that the accused before the court is the person who committed the crime.

Generally, this is proved by evidence from the witness box. The evidence is usually required to be of good quality that would cause a judge sitting alone or the jury to feel sure that the person before the court is properly identified as the person who has committed the crime for which he or she is charged before the court.

Weak evidence

Sometimes the evidence of identification is weak and there is nothing else to link the accused to the crime. In some cases such as rape, DNA and other forensic evidence may be available to link the accused to the crime. If this is not available, then the identification of the accused is critical.

It is now important to look at some of the factors that might affect the quality of identification evidence. The first factor is the quality of the light. The evidence will be assessed based on whether the offence was committed in broad daylight or it was aided by moon light or even electric or other lighting. Of importance is the position of the witness and the accused in relation to the lighting.

Sufficient time?

Another factor is the opportunity of the witness to view the accused. The critical question is whether he/she had sufficient time to view and properly identify the accused or was it just a fleeting glance. Whether or not there was any obstruction of the view at anytime is also critical.

Another important factor is whether or not the witness knew the accused before and how often he or she would have seen the accused. If he or she knew him before, this would now be a case of recognition and not strictly identification.

If persons are confronted by criminal elements, despite the fear, it is of fundamental importance that they try to recall important marks or features on the accused. For instance big eyes or walk with a limp et cetera. The witness should also make quick observation of his height, build, hairstyle and complexion. Even the way he talks is important as he or she might talk with a stutter or have a peculiar voice.

Persons making statements to the police, after a crime is committed, must understand the difficulties that may arise without proper observation. They must remember that evidence of identification must be tested in court and it must be borne in mind when the statement is given to the police officer.

The lead story in the Star of Tuesday carried the brutal killing of Detective Corporal Dave Daley. With his death, Jamaica has lost a good citizen and the Jamaica Constabulary Force has been deprived of an excellent police officer. It is my view that the rank of corporal is not an indication of the measure of the man as a committed, descent and dedicated officer and a gentleman. His sudden and untimely death has left a void but the memory of his work as a police officer will not be forgotten. It is hoped that the precious memories of his work will linger in our hearts forever. I wish to express condolences to his family, colleagues and friends. May his soul rest in peace.