A Domican identification direction is not required where the disputed identification evidence does not form part of the prosecution's proof of guilt but is relied upon by the defence. Prosecutorial use of inflammatory language such as 'fetish' and personal attacks on defence counsel breach the prosecutor's duty of detachment, but such breaches will not occasion a miscarriage of justice where the trial judge gives adequate corrective directions and defence counsel does not object. Defence counsel's forensic decision not to pursue an alternative line of defence (that the offence did not occur) in favour of an identity defence is a rational forensic choice that does not constitute a material irregularity.
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