'
3
on getting to the scene , met a crowd an_d a person (Defendant) ,· described
as o~e of the thieves .
He v\li3S informed that the Defendant wa !; caught , while the other thief , who
was r:Irmed , ran away . He was also informed that the Defendant tore ou t
the n,~cklace of one Ebuka Okeke , who was then present and confirmed
the st ory . He took the Defendant and the said Eb uka Okeke to the Police
J
I
•
Cros i·.-examined , PW2 stated that he ·a1d not see the Defendant with a gun
He Sc:1w the Defendant at the scene of the crime and was informed by th e
Defer.dant that his accompl ice ran away with the gun He did not witness
the rcibbery . There was no re -examination .
Case for the defence was opened on 23/4/2018 w ith the Defendant CHIBiJEZE ONUOHA test ify ing as DW 1 He test1f1ed that prior to his being
rema nded in pri son , he lived at No. 9 Fanny Ez~ms , Okpoko and was then
a conductor.
DW1 ' test ified that on 31/12/201 2, Emman uel Oku , asked him to
accor 1pany him to his sister's weddins at Orlu , Imo State They left for
Orlu , but on getting to Awka Eti t, , ~:mmanuel who was riding their
motor :ycle wanted to overtake a motorcyc li st but a vehicle came from the
back and in his attempt to avo id the veh icle , they coll ided with the
motor ::ycle and fell down .
1
While ·they were trying to lift the ir motorcycle , the motorcyclist they collided
with stiapped him (the Defendant) and they started fighting . Whil~ they were
at it, 1hey saw the vigilante approaching in a vehicle and shooting into the
air. \/\ hen he saw them , he fled , but they pursued and arrested him . They
starte j beating him and the mCJtorcycl ist started accusing him of robbery
but he; denied it.
I
Defen •Jant testified that the vigilante took him to their office where they
detair ed him . The police later came and took him to the Nnobi Police
Statio ·, . He denied seeing the complainant or robbing him of a necklace .
He al~:o denied owning a gun .
'
y
. .
GlSTRt.-R