LEGAL PRINCIPLE: EVIDENCE LAW – Witnesses – Meaning and Effect of a Tainted Witness
PRINCIPLE STATEMENT
A witness related to the deceased is not automatically a tainted witness. A tainted witness is either an accomplice or a witness who by his evidence may be regarded as having some purpose of his own to serve.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Oguonzee v. State (1998) NLC-1311997(SC) at pp. 30–31; Paras A–B.
"PW 4 without doubt, was the brother of the deceased but that fact did not by itself connote that he was not competent to testify for the prosecution or that he was a tainted witness. A tainted witness has been classified as one who is either an accomplice or by the evidence he gives, whether as a witness for the prosecution or defence, may and could be regarded as having some purpose of his own to serve."
EXPLANATION / SCOPE
Relationship to the deceased does not taint a witness. The court must examine whether the witness has a personal purpose to serve. The principle applies to all witnesses. The court may still convict on the testimony of a relative if credible. The rule prevents automatic rejection of family members’ evidence. The judge must assess credibility based on evidence, not mere relationship. The principle is well-established. The witness may be competent and credible.
