; r - -- -- - - -•-Eft:e:--1:9.,._t72:~>,,t flftl"H/ l:h:lld:t::fH •ri
bloo? and th Defendant running away, I tried to hold her /Jut $he fell
... ;on t~e _groun .
.
.. ·:' The ,v,dence f the P_W2 points tq the fact that the Defendant was the
last _1person een with the deceased and this situation demands
evid,nce fro · the Defendant to ' establish otherwise 1~nd none was ·
provi~~d by the Defendant.
.
. ·..
Th: 1v1de_nce f PW2 under cross examination was consistent with her
ev,djnce m chef as she broke down crying pointing to the Defendant as
the 01ne who k lled Favour [the deceased] .
The ~W-2 gav a graphic picture of how she was playing with Favour
(dee ased and other little Children) and the Defendant came and called
the deceased. According to her th~ Defendant took the deceased to a
bush and tha she heard Favor shouting in the bush and saw the ·
defel dant run ing away while the deceased was shouting.
The a~ove evi ence of Pw2 was all! corroborated and is in line with the
Conf1ssion oft e Defendant.
I
In Ex~ibit C the Defendant stated:- I ·
'
"Howl I killed the deceased wasl that I saw her in front of their
comp~und pla ing with other gir~s and I called her.... After itabbing
the gl,t I ran qr ay".
!
I
I
PW2 also stated that how she ~new the Defendant was that the
Defendant us~ to smoke at the '. back of her house. Though the
· Defendant de;l ied in chief of knowing the said Thank God and
Emmanuel, h~ [ in sharp contradif tion admitted same under cross
examination even to the fact that himself, Thank God and Emmanu~I
use to smoke 1Jdian hemp at Ndidilimaka [PW2]'s backyard. T~e law. 15
I.
h s or
trite that a witpess who testifies falsely
on a ~atter w,·th·1~ -Ii~
to her
knowledge leav~s no room for any c!ourt to ascnbe any cred tb, Y
1
'
SUIT NO. 0/49c/2016: THE,STATE VS CHIBUIKE DURU
Judgment deliver~d on 19/04/Z0lS