LEGAL PRINCIPLE: CRIMINAL LAW – Defence of Alibi – Destruction by Credible Identification Evidence
PRINCIPLE STATEMENT
I have no doubt in my mind that the credible evidence of PW2 and PW4 accepted and believed by the learned trial Judge identifying the appellants who hitherto were very well known to these witnesses, fixed the appellants at the scene of the crime at the material time and completely destroyed the defence of alibi.
RATIO DECIDENDI (SOURCE)
"I have no doubt in my mind that the credible evidence of PW2 and PW4 accepted and believed by the learned trial Judge identifying the appellants who hitherto were very well known to these witnesses, fixed the appellants at the scene of the crime at the material time and completely destroyed the defence of alibi."
EXPLANATION / SCOPE
Credible identification evidence from witnesses who knew the accused before the incident completely destroys the alibi defence. Prior acquaintance strengthens identification reliability. The accused cannot claim to be elsewhere when known witnesses place them at the scene. The court accepts the identification evidence as fixing the accused at the crime scene. Once presence is established, the alibi collapses. The principle applies even if the accused presents alibi witnesses. The court weighs the credibility of identification against alibi. Prior acquaintance reduces the risk of mistaken identity. The prosecution need not further disprove the alibi if identification is credible. The alibi defence is substantively disproved by presence evidence.