Rex v Kabaile and Another
Rex v Kabaile and Another (Criminal Appeal No. 45 of 1941) [1941] EACA 46 (1 January 1941)
Despite procedural irregularities in the conduct of the identification parade, including suggestive instructions to the identifying witness and prior exposure of the accused to the witness, the positive and consistent identification evidence from three witnesses who had known the appellant for several years was sufficient to justify conviction. The appellant's failure to substantiate his alibi by calling witnesses from his alleged place of residence further weakened his defence. The trial court was entitled to rely on the direct evidence of identity, and the appellate court found no reason to…
Source excerpt
- Identification Parade
- Mistaken Identity
- Murder
- Evidence Of Identity