MARKING OF A CONTRADICTION IN EVIDENCE. SALIENT POINTS TO REMEMBER

1. Be familiar with the statements previously made by the witness. 
2. Then analyse the evidence given by the witness in Court under oath. 
3. If there is a notable Contradiction first fix the witness to the position that he has taken up in Court. 
4. Then ask him whether he remembers having made a previous statement. This has to be asked only after you fix him to the evidence given before. 
5. The previous statement may be a statement to the police, a letter written earlier or evidence in an earlier judicial proceeding. 
6. Then ask him whether the evidence that he gave in Court is correct. Adopt your own style of doing it. 
7. Then invite the memory of the witness to the previous statement. Ask him whether what he made auch a staement and whether what he said on the earlier occasion is true. 
8. You must elicit the exact words urged by the witness previously. 
9. If the witness says yes, and admits having made such portion of the statement then the Contradiction need not be marked as he has already admitted. 
10. If he says that he did not make such a statement then invite his attention to the exact words given by him earlier. Then Mark it. 
11. Give a reference No to the Contradiction. 
12. Some Judges have a tendency to mark the entire statement made to the police. This is clearly wrong. Only the portion where a Contradiction is contained can be marked. Read Section 110 of the Criminal Procedure CODE.  
13. When marking a Contradiction please be mindful of the fact that the entire set of previous words come to the record. Analyze the effect of those words before you identify the Contradiction to be marked. 
14. The Contradiction has to be relevant and material. 
15. After marking it please prove it through the police officer giving evidence. 

Contradiction is to attack the credibility. 

It has to be established that he made a different statement at a different time. 

That is a fact to be proved. 

Look at sections 101 to 105 Evidence Ordinance. 

You have to highlight the Contradiction.  Draw the attention of the Court.  

Remember the Judges cannot take judicial notice of what is in the IBE s. 

That is why proof is necessary. 

State Counsel also has to do the same.

The most important Case is Sugathadasa V State 1988 1 SLR 405.

Other cases on Contradictions and Omissions are 

Q v Aladin 61 NLR 7

Banda V Yalegama 69 NLR 361 

Tennekoon v Tennekoon 78 NLR 13

TikiriBanda v Beebee 1998 3 SLR 46