going out with okada (sic) are robber (sic) then we used hi s bu s and closed
(sic) them nnd later mres t one
them .·
or
Juxtaposing j1\V I ·s svvorn testimon y before me and her extra _judicial statement
above. one Gln sec contradictions . Tile 1xm.1111ounl or these contradiction s is that she
tole! the police that, she amongst others , used pw3 ·s bus lo chase the robbers while
in her testimon y she stated that p,,v3 chased the robbers alone. Suffice it to say, in
surnm[iry. the account pw I gave lo the police thoroughly contradicted lhe one pw2
ga ve lo th e police even on the clay of th e incident not to talk of thei f1 sworn
testimoni es in this court .
The pw] ·s ev idence was so ridd led with inconsi stencies , contrnclictions and hea rsay
ev idence to pw· I' s and pw2's evidence th at I bothered also to recount them here
C\ ' Cll thou gh I chose not to attc1ch any shred of wei ght or probative value to both his
extra _judicial statem ent and lo hi s ev idenc e. Wh y did I say so?
In hi s original statem ent written in lon g hand exhibit P2 to the police, he stated
'·Today hein g ':- . /5/10 l O c1t c1hout 750hrs I was coming out from my hou se
with 111 ) bus go ing lo fillin g station lo bu y gas in my Bus, getting to the
lilling station . CAPAD fillin g (sic) in Amalutu village in Agulu I he ld (s ic)
peo pl e shoutin g them . them (sic) I see (sic) one motorcycle th e driver( s ic)
and one person at th e back. I see (s ic) lh em coming out from the filling
station so I use (sic) 111 y bus to following th em (sic) up ge tting lo Agulu
police station th ey try(s ic) to ent er th e road to Agulu lake then I use my bus
hit th e111 at th e back th en th ey l'a ll( sic) then th e driv er( s ic) and the perso n at
th e back le rt th e mot orcyc le ,ind start ed runnin g. Then I call (sic) one police
ol'Jice r called PC Gariel Puc! serving at Ag ulu po lice slalion to sa fe ke eping
th e motorcyc le then I wen\ back to the fillin g station and told them that I hit
th em with my bus and the y fa ll clown (sic) and lett the motorcycle ...
This \Vi ln ess gave ev idence th at th e defend ant ran into somebody 's compound and
the ow ner or th e cornpound caught him . He told thi s court that he asked the robbers
que st inn :1hout not pH)•in g for the fu e l. He was th e witness lhc1t said the nHmc1ger of
th e Ji Ilin g stati on ran out and \Vas shouting. At a time he sa id that he vvas one or the
people th at caught th e defendant. Under the crucible fire of cross examination he
retrac ted and said he was not present at th e place th e defendant ,,vas a1Tested . In fact ,
th ere is no pi ece of evidence he gave that did not run into conflict with evidence or
01her witnesses .
My s imple finding is that pw3 is not a reliable nnd credible witness.
I he C\' llkncc . 1>1' p,\4 (a member or police team) th<1t i11vt·s ti g,1tcd tht· c<1 sc is
i 111port ant Lu be 111c11Liunc:d alsu . This witne ss ddmitted tlwL there ,v.is 11u mo11 ey
lilund 1)11 the defr:ncl anl when he was arrested . There ,v as 1H) i11cri111i11nt ing 11wterial
di scuve rc::d 1)r n:c overc:d from the deknclant" s hou se. Abuvc all. the dcl'c11dw1t ,vus
not arrested hy hi s tea m o r members of St:ttt Anti --robbery \squad , Ncni . I le
P;ige
I 14