Lowo Oyediran: Prosecution closes case

THE prosecution team lead by Sanyaolu Akinyele, the Private Prosecutor in the ongoing trial of 28-year-old Yewande Oyediran (nee Fatoki), a lawyer with the Oyo State Ministry of Justice who is standing trial for allegedly causing the unlawful death of Lowo Oyediran, her 38 years old husband, on Thursday, closed its case before Justice Munta Abimbola of the state High Court 1, Ring road, Ibadan.

The prosecution closed its case after calling nine witnesses which includes the landlord of the couple and his wife, the investigating Police Officer, a neighbour, a pathologist, a medical doctor, police officers from Akobo police station that first handled the matter and a photographer.

At the resumed hearing of the matter before the Chief Judge on Thursday, the Akinyele informed the court that the matter was for continuation of hearing by way of cross examination and Inspector Olayemi Oladeji, the investigating Police Officer, was called into the witness box for cross examination.

During his cross examination be Leye Adepoju, the lead defence counsel, Inspector Oladeji, stated that he had been working in the Criminal Investigation Division for three years, adding that he took over the preliminary investigation into the alleged murder from Akobo police station after Corporal Omotayo Ipinlaye, who appeared as the third prosecution witness handed over the case to him.

According to him, Ipinlaye handed over to him the case filed prepared at the Akobo Police station, some exhibits and the defendant and confirmed that he was aware that the defendant didn’t make any statement at Akobo police station, adding that when he asked, he was told she said she was not in the mood to write and she doesn’t want anyone to write for her.

Further, he stated that they couldn’t check Exhibit B, the knife allegedly used to commit the crime for finger prints because the laboratory technician told them that they cannot get accurate result of fingerprint because the exhibit had been tampered with before it got to the forensic laboratory though a specimen of the defendant’s finger prints was taken on February 5, 2016.

The prosecution called its ninth and last witness after this, a photographer identified as Ibrahim Popoola who testified that he took nine pictures after being called by the DCO 2 at Akobo Police station on the morning of the incident to come with his camera for an assignment.

He stated that he was taken to a residence off General Gas road and later Bambi Hospital beside Akobo police station to take pictures, admitting that he took only pictures of what the police instructed.

Akinyele sought to tender the photographs and a certificate attached to it as exhibits in line with Section 84 of the Evidence Act 2011, but the defence objected on the ground that the photographs are not admissible since they are secondary evidence and the device used in taking them and the negatives aren’t attached as stipulated by law, adding that appropriate foundation was not laid for tendering the photographs.

Akinyele however in his reply stated that the objection of the defence was misconceived as gone are the days when negatives of photographs are prepared, adding that now computer and electronic gadgets are what is used  to generate pictures and the and this is the reason the evidence act made a major departure from that practice.

“He is the photographer, the pictures are relevant to the trial the court should admit it because it has relevance to the facts of the case; it depicts the scene of the crime, blood stains on the floor, the deceased, wound and area of wound,” Akinyele said.

In his ruling, Justice Abimbola considered the case of the prosecution, the objections of the defence on the photographer, the pictures and held that the law on admissibility of pictures has moved beyond the level the defence arguments borders on, adding that relevancy guides admissibility.

He held that once a material is relevant to the facts of a matter, it is admissible. “I am willing to hold that the objective is misconceived and overruled. I admit the pictures as exhibits O1 to O9 and the certificate as O10.

After this the prosecution closed its case and the defence asked for ample time to prepare its defence as a lot is at stake.

Adepoju stated that the defence will call not less than five witnesses including experts and will subpoena some witnesses.

The case was adjourned till February 13, 2017 for defence.