/ -Under cross-examination by the defence_counsel PW I conceded that the official time for locking the gate of their _premises 1s abo_ut 1Opm but he comes back to the compound at about 7 pm daily. He confirmed that the compound has two gates . PW 1 maintained that in the course of interrogation of the Defendant, one Izuchukwu said that he called the Defendant around 1:00am to open the gate for him and not l 0pm as st{ggested by the defence counsel. He maintained that Defendant opened the gate at the said 1:00am and Izuchukwu came in with his motorcycle but it was in the morning around 6:00am that they discovered the missing items . q1e PW l conceded that the alleged call by their landlady to the Defendant was before l :00am but added that he was not present when the call was allegedly made. He agreed that nobody saw the Defendant removing any item from ~he compound. However PWl insisted that he did not see the padlock to the small gate which the Defendant said was cut and that he did not know who alerted the tenants over the missing items . PW2 was one Sgt. Willie Udeme - Force No . 446375 attached to SARS Nnewi . His version was that on 14/10/2014, a case of burglary and stealing was rep01ied to his office for investigation by one ,Paul Okafor and Okechukwu Chijioke against the Defendant . 1 - PW2 recorded statements from the two complainants and the Defendant was subsequerftly rearrested, charged and cautioned. PW2 stated that the . Defendant made two confessional statements on 17/10/2014. However the first statement was attested to by the S.P.O. though not countersigned by PW2 . It should be noted at this point, ·atrial within trial was conducted to detennine the voluntariness of the said confessional statements. It was found by the court to be involuntary and was therefore rejected. PW2 wrote police investigation Report. A copy the said police investigation Report was admitted and marked as Exhibit Pl . However it was noted by the court that the said Report was not signed. Under cross-examination, PW2 conceded that the motorcycle handed over to the police was not recovered at the scene of the crime. He however admitted that two motorcycles belonging to the two complainants were allegedly stolen. He confirmed that the motorcycle found along Amukor road belonged to one of the complainants, Chijioke and was released on bond to him. H~ confirmed that it was only the two complainants that he in · to their office and that none of them told him that they witnessed the,~D ~e::!:fe~ d~an~ ~~ :::-:::~7'1 H/Lii--1 LOUR r-, · T //if WI .. A ~ ·- ' r) . CER'T\,, OBI ('P~ .E . . PR\N~PAL/RtG\S,R~~ "' ;i.

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