LEGAL PRINCIPLE: EVIDENCE LAW — Identification Parade — Not the Only Valid Method
PRINCIPLE STATEMENT
Identification parade is only one way of establishing identification; it is a misconception to say that it is the only valid way, especially where the accused is well known to the witness before the day of the offence.
RATIO DECIDENDI (SOURCE)
"Identification parade is only one way of establishing the identification of an accused person in relation to the offence charged; it is a misconception of the law to say that it is the only valid way as it is being suggested by learned counsel in this case. Where, for instance, the accused person is well known to the witness before the day of the commission of the offence alleged, there can be no need for an identification parade."
EXPLANATION / SCOPE
An identification parade is not the only valid method of identification. If the witness already knew the accused before the offence, a parade may be unnecessary. The law does not require a parade in every case. The court examines whether the witness had sufficient opportunity to observe the accused. Recognition is often more reliable than identification of a stranger. The absence of a parade does not automatically make identification evidence inadmissible or unreliable. The principle prevents the misconception that a parade is mandatory. The prosecution must still prove that the identification was reliable. The judge must carefully evaluate the circumstances of the identification. The rule applies to both visual and other forms of identification.