His evidence in defence is to the effect that on 10/1 2/2011 when he
.rdur i ,cd ho me from work, he was informed by his wife lhat his late mother
cam e Jnd caITied the _Avacado tree wood pac~ed by him where he was currently
crcc :i ii:; a li uu::,; c at the back to her own ap :u1m ent. Dcfcnda111 with the aid of
tore.\~ light went to meet his mother, asking her w t·y she carried the said woo8 .
As he v,ms pncki ng the vmod hack into a wh 1·~el barre>w, his mother held him . As
this \/I as on go ing, the Defendant's wife start ed tak>ng the firew ood to their own
com p )und in piecemeal. Then he begged his mother to leave him ·alone but
inste2-d she hel d his private part with his boxers . He then pulled off his boxers,
forc c .ully. took same from his mother and ran naked back to his house.§
Defendant contended that he is not aware th at his mother fell down but he
adrn i-lcu th at he hcarJ lier shouting that th ,.: Dcfell <lant had ki lled her. H~ diJ
not g > back to sec her but went ir'¢>ide his house, put on his generator and went
to be I. He dcn ieci bec1ting or innicting any injury on his moth er while she w;:is
hol di 1g him . He confirmed that no one else was present at that time except
him stJ L his w ife and his mother (the decea~.ed).
1
Defendant alieged that prior to the incident, his mother had malaria and
lli~rc ore was nol physically fil. He <le11ied knowillg al a11yti111 e that his lllothe.r
was qospitalized and maintained not to be responsible for the death cf his
m u Ci T
st
Under cross-examination, the Defendant admitted not to be the I son of
the d ~ceased and that the compound was yet to be partitioned . He admitted not
to ha 1c noti fie d his mother before he cut the avocado tree. He also maintained
llial l c wore shirt and trouser when he went to meet his moth1~r that night. I-k
den ic j hittin g his mother with wood which eventually led to her death . He also
m~ in ~i11cd never to h~vc forcefully draggsd the wood with his mother \\·hich
mach her fal I and hit her waist on the ground but insisted that after the inc ident ,
his 11 other went into her apc1rtmcnt.
The Defendant denied ever telling his maternal uncle, one ·Felix U11igwe
11cvc to re/er to the deceased as his mother the next day aHer t 1.1e incident when
he Cc. me . He stated that his mother fell sick one month after the incident but he
did n ) l visit her in the hospital because he \vas not aware.
DW2 \Vas one Chine lo Nzelu (Mrs .). She is the wife of the Defendant on
1ccu1 .J Sill: !ulJ the story or how her 1ilother-in-la N came to tl :eir compounJ tu
rcm c vc fire wood cut and packed by her ]1usband. She repmicd same to her
lwsL 11H.l ;rn d the y butli went lo her moth .~r-in-law's aparlm (n l \\'ith a \rliccl
ban(.w .
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