31/01/2017
I am of the view that we are not learning from our missteps e.g.
(1) there has been more than one occasion when a missing person investigation conducted by Law enforcement initially didn't locate the person when they responded and that person was a victim of foul play (murder) and their body was at the said location (2) On several occasions too numerous to mention persons who are witnesses in matters of a serious nature such as murder are shot or killed on the day(s) just prior to when they are due to give their testimony in court.
Some possible solutions to the situations mentioned above are as follows:- in the case of (1) The use of a k9 as part of the response unit to all missing persons reports (this has proven to be an effective strategy as well as an international best practice our law enforcement can utilize.
And in the case 0f (2); Justice accepts the judges rules prominence and requires the voluntary submission of oral and authentication of written statements from witnesses for their admissibility to court as evidence. This can be strengthened by including a consideration that all such statement be treated as a dying declaration when ever such witness is the victim of foul play or their death was deemed to be unnatural. (the objective of this provision is keep the witness alive for the trial so that apposing counsel can examine the credibility of the witness and the reliability of the testimony in their absence the court shall have the right to rule
