A charge of armed robbery has been dismissed after Mr Justice Cato ruled that police had endangered the validity of evidence.
The judge made the ruling during the trial of Heamani Lopeti on a charge of armed robbery of a Chinese store in Longolongo Tongatapu on March 25, 2016.
Lopeti was charged with the offence, even though there as little evidence apart from an informant’s statement that was the robber.
Mr Justice Cato said that a witness, Ioko Manavahetu, also known as Ioko Latu, was shown a series of photographs by police shortly before the trial and identified Lopeti from them.
However, it was revealed during the trial that police had also shown her a photograph of the accused before being shown the montage of photos.
The Crown prosecutor, Mr Aho, was surprised at this revelation and said he knew nothing about it.
Mr Justice Cato halted the trial and sent the jury away.
He said that if Mr Lopeti had not raised the issue, the case would have gone to the jury without anybody knowing that Ms Latu had been shown a photograph of the accused alone prior to the montage procedure.
This omission had the potential to cause a serious miscarriage of justice.
“I consider there was much more than a real risk in this case that showing Ms Latu the single photograph of the accused which she said she recognized as the same photograph in the photo montage would contaminate the integrity of the photo montage identification,” the judge said.
He said a previous ruling had declared that it was wrong to show a single photograph of an accused to a person who was going to called as an identifying witness.
“When this occurs there is, as here, a serious risk of contamination of the integrity of identification,” the judge said.
“In my view, to admit this evidence following what was unsatisfactory police practice would be wrong.
“The evidence is, in my view, so diminished in its integrity and probative value, that it would be impossible for a jury to reliably act and convict upon it.”
Mr Justice Cato said that because he had ruled the identification evidence as inadmissible, the prosecution could not succeed. He further ruled that a prima facie case has not been established and the charge of armed robbery is dismissed.
The main points
- A charge of armed robbery has been dismissed after Mr Justice Cato ruled that police had endangered the validity of evidence.
- The judge made the ruling during the trial of Heamani Lopeti on a charge of armed robbery of a Chinese store in Longolongo Tongatapu on March 25, 2016.
- However, it was revealed during the trial that police had also shown her a photograph of the accused before being shown the montage of photos.
- He said a previous ruling had declared that it was wrong to show a single photograph of an accused to a person who was going to called as an identifying witness.
