THE EDITOR, Sir:I WRITE to share with you and my other colleagues my observations regarding the holding of identification parades. With the proliferation in the use of cellular phones, I wish to alert attorneys representing
suspects on identification parades that they should be vigilant in ensuring that no cellular phones are allowed in the parade room.
The reason is obvious. By law, once a police officer, who is involved with the conduct of the parade, enters the parade room and is therefore in view of the
suspect, he cannot leave the parade room until the parade is dismissed. One has to be on the alert now that cellular phones are being made smaller and smaller in size. Also a danger to the administration of justice and fairness in the conduct
of parades, is the fact that cellular
phones can now operate as miniature cameras.
NO OPPORTUNITIES
The mischief being prevented here is that there must not be any opportunity created for the witness attending the parade to be assisted in his identification by the police who are in the parade room. This compromises the integrity of the parade and leads to the possibility of
serious injustice being meted out to the suspect.
I think we should go further and have rules put in place banning all communication devices from parade rooms. This can be achieved by way of an amendment to the Identification Parade Rules. Officers put away their firearms before entering the parade room, similarly they should be required by the rules to surrender any communication device they may have, including cellular phones, before entering the room.
GIVEAWAY
A suspect in a case of alleged rape instructed me recently that a police officer positioned a cellular phone in such a
way that it was pointing towards his face soon after his arrest. The implications
are obvious and indeed frightening.
I am, etc.,
BERT SAMUELS
Attorney-at-Law
