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5
The defendant testi fi ed as OW l . His evidence in defence is to the effect
that on 14/ l 0/2014 , around 6am, some unknown persons he thought was the
apprentice to one of the tenants who norm ally go out earl y to the market,
entered the compound.
OW 1 on coming out to open the gate discovered that the padlock had
been cut. He also noticed that the padlock to the generator room was also cut
and one of the generators missing. He then went to where they park motorcycl e
but did not see the motorcycle . He alerted one Innocent, a tenant and told him
that his motorcycle was nowhere to be fou.nd .
Innocent mshed to the gate where he discovered one stolen motorcycle
abandoned at the gate . He also recovered an abandoned slippers by the thieves.
The said Innocent then questioned the Defendant about the missing motorcycle,
alleging that the Defendant stole it .
D\V1 alle ged that his Boss one Donatus Obieze requested that Innocel1t
should take it easy but he refused . The Defendant added that he and Innocent
have had problems in the past when Innocent spoilt his phone . He conceded
that the missing motorcycle belonged to Innocent though he was being referred
to as Paul Okafor in the charge .
DW 1 stated that Innocent invited the police who came and arrested him .
He conceded to have made statement to the police .
Under cross-examination , DWI confirmed that two motorcycles and one
generator were reported missing in the course of his duty as a security man. He
stated that he found out that t~e said items were missing around 6:30am. He
denied knowing or meeting one Tochukwu and one Ogbonna (now at large) at a
wedding which took place in the compound onl 1/10/2017 .
'
DWl maintained that he opened the gate on the said day by 7am. He
agreed that the motorcycles were parked under the staircase while the generator
was inside the tenerator house . He however denied deleting his call log that
1norn111g.
OW 1 reinstated that he is not the only one with the keys to the gate
padlock but he is the one that usually locks and opens the gate daily . He also
denied to have opened the gate for Tochukwu and Ogbonna to enter the
compound and steal the missing items .
r . - ~ ~ - -..JQi:.J.IJJ....IJl~ close of the case for Defence
H1:--_,.• fdf~:ftslR'r
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(/,l l .
both
opted as final addresses on 2S/4/2018 .
CERTIWILllAI
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ECOPY
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C ~L / REGISTR~R