1
The DefendanJ is to answer to what happened to the o f ·d
.i
\
•
e en ant from
. the t1m e Pw-2 saw him running while the deceased was
•
1j,.J h.
•
'b
h.
.
coming
out
_.. e Inu Im In pool of blood. .
I
1
•
A loo~ at th.e in. estigation report t+dered in evidence shows thus:
········'[ ~est1gat1 n commenced b{ recording state"/fnt from the
complpi_nt. ··✓ th suspects was deta1ined accordingly✓ scene of the crime
v,f
was
1ted by he team ... ... •J the inJormation led to the manhunt of for
the sd id Awilo hibuike Duru] who was arrested on 26/4/2016.... ~ He
confes~ed to th crime. · Coroner form was prepared at Okpoko and post
mortem exami ation conducted on .the deceased. The medical report
reveal~d that th deceased died as a result of "penetrating injury".
1
\
I
·
I
I
All att 1mpt ma e to discredit the P~osecution witnesses esp.· PW2 met
a fatal blow as t e witness remained' unshaken.
The D~fence Co nsel contended at ~age 23 of his ad\iress that 7 years
must p1ass befo e prosecuting the ~efendant but also shut himself in
the leg\ when h argued that the 7 '{iears need not run its full course if
the pr~secution
has sufficient and bvailable
evidence,
be it direct or
I
I
.
circum ~tantial. he presumption can\ only be applied when the body is
missing' and ca not be found. In this case at hand, there is"'' ample
1
evidence
that
the
deceased
is
dead
d buried.
:
I
The lav./ requ ire~ a per~o~ last see~ with the deceased, w~ose cause
and nature of hi9i death IS In content1 r n to offer an explanation of what
he knows. The dqctrine of last-seen Piresumes that the person last seen
with the decease8 bears full responsibility of his or her death.
I~ this regard th~ Defendant during [trial tr!ed ~o set up a defense of
alibi by telling t he court under cros~ examInatIon that he was at the
1 arket at the ti~e of incidence afte ~ he had told the Police in Exhibit
that he was at the locus of the { rime. It is trite that a Defend_ant
~ ho wishes to f et up a defence \of "Alibi" must at the earl ,_~st
oppo~unity furni~h. full details of his. f here about, to enable the Police
investigate the Altb1 and not at the trial.
aI
"y"
I
I
\ SUIT NO. 0/49c/2016: THE STATE VS CHIBUIKE DURU
···"'"""" a"♦ ,,,n.U11,..A..a ,.. ... 10/n.A /'1n10
'
:
\
1