f
,
.
be !·( ,re th e court that the deceased cont inued f'Joaning and stating that the
· lk i : lld<1111 li<1d. k il led her in Ig~o lan~uage . L v~n lhougl1 she did not <lie
inrn cdiately thc'.ea ft er, it ~as akm to dy~ ng decla _·ation since the evjdcnce fro m
tile )rn scculi un 1s to the cf feel lli Jt she did no t come out of that trauma until sli c
dice on 8 Jan uary 2012 .
1
"
PW2 and PW3 collabora,ed the PWI b) evidence. They heard the
Deceased stat e that th e Defendant had killed h ~r. PW3 ,vas very specific .
lndc-~d he eve n proceeded to confront the Defe ndant after hearing from the
deceased but the Defendant appeared non challant about the in cident.
PW 1 , PW2 and PW3 interestingly all stood their 6rround . Th ~y gave evidence
or L ie physic~il injuries \\ liich even rcn cctcd i11 the pliotogr..1plis th at \\er\ :
ad m ttcd without objection .
As s.atecl earlier, these witnesses were positive 1hat it was as a result of the
assc1td t by the Defendant on the deceased that she eventua1ly died . They stood
their groun d even under cross-examination. In my view, the prosecution had
crcdi Jlc evidence to showcase the contention th ,1t the Deceased died in the
proci.. ss or l n.:al 111e11t resulli11g Crom the assa ult encc llnter with tLe De/endanl.
1
What \vas the reaction of the Defence to bting to the fo re the situation
tlial could
g e I1 c rale
duubl '?
The D \ V I himself admitted and stated undr. ~r cross~examination that he
loo k 1i s llH.:ker from lhe deceased by force . He ho wever stateJ tliat he did not
kno w if she fe ll down but heard her shouting that Chigbo (Defendant) had killed
111e . \Vli_y th e tkccasccl could be groaning in ~hat manner, and yet the Dcfr11J3nt
said , :1e left he r there, went into his apartment, took his bath, put generator and
went o bed Tfi nd it-difficult to believe that the Defendant was being sincere .
In the
\Vllli o Il
statc111cnt voluntarily made by the Defendant whi ch was admitted
ubjccti u11 as l:::xhibit P3 , lite Defendant stated thus;
th is point, I sta11ed dragging to free myself from her, she held my
111ckc t so I used J'orce lo collect tile nicker from her, then she fe Ji down, where 1
0
heard hat she: got wound on the hip".
. . zit
rh c co urt notes, without prejudice to Exhibit P7 , that the Defendant
him ~c1 I' conc eded tlrnt the decc<1sed fell down in the course of hi s encounter ,vith
.
. I
C
I )w111g
her, s.1
apparent v10
cncc .
- - - - --
.
7
_.
- :-_:.tHT\f\
~·-::-----£0 ~
TRUE COi
-·
11 that ,;a mc Exh1b1t PJ , the Defendant himsel f stated thus{ l_
. --~
j \
-~------ -----
ceuR1;
:,11
J
rlJL-iH
~~l1~,
. \·-~7--- -'cn<Ctt'l\(WU ~
11\.u.
Rih -,S~H~R \
~~T;Jd,:b~:Y
01
I