Authentication and Identification

Identification is process of satisfying tribunal of fact of characteristic feature of what party or witness put before court. Authentication which connotes relevance is process of proving something to be true or genuine, it is after exhibit has been identified that it will have to be authenticated, and after court decides on its admissibility.

S 136 where relevance depends on identity or authenticity as condition for admissibility that requirement is satisfied by evidence sufficient to support finding that the matter in question is what proponent claims, permissible means include but not limited to S 137 to 161.

S 137 authentication by admission S 138 authentication by statute S 139 authentication by testimony of witness with knowledge S 140 authentication by non-expert opinion on handwriting who has personal knowledge per Tackie v State there is no rule of law that evidence of handwriting can only be given by handwriting experts S 141 authentication of signature, seal, handwriting by court or witness S 142voice identification by non-expert heard S 143 authentication by telephone call made to a number S 144 authentication by evidence of distinctive characteristics

S145 authentication of communication by reply S 146 authentication of ancient docs which has no suspicion and at least 20 years old S 147 authentication by evidence describing process or system S 148 authentication of public reports and records writings S 149 authentication by business records from representative’s testimony S 150authentication by Attested writings in same manner as writings and testimony of attesting witness not required S 151 public publications presumed authentic S 152 law reports and treatises presumed authentic

S 153 maps and charts made under authority of public entity presumed authentic S 154 the Gazetted proclamations, nominations, appointments, acts of state prima facie evidence of public fact S 155 reference book, text or treatise not suspicious presumed to be written and published at time and place it purports to have been S 156 newspapers and periodicals presumed authentic S 157 signs and labels in business course or ownership presumed authentic S 158 acknowledged writings with seal and signature of state presumed authentic S 159 seals presumed authentic if that of state or public entity or another state recognized by state

S 160 domestic official signatures presumed genuine if one of official capacity per W Bartholomew & Co Ltd v Ampaw D not liable to pay for price of car since P failed to prove that letter of purchase from D was by a person in Ds employment with authority to sign on Ds behalf S 161 foreign official signaturespresumed genuine if official capacity or international public entity or stateS 162 copies of writings in official custody

Scientific Evidence: circumstantial and opinion evidence, helps in authentication and identification of victims of crime or culprits or identity of evidence or material, types are fingerprints, test if powdered substances resembling prohibited drugs. S 108 police allowed to take thumbprints and fingerprints of suspects.

Nkyifie v Rep medical report required to lay a proper foundation when person pleads insanity as defence, automatism, per Otsibah v Rep murder in which identity was in issue, medical evidence supplied links chain connecting accused with fatal wounds inflicted.

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