By The9jaTrend
Case between Edo State Versus Iyasere of Warri, Chief Johnson Atselege and 11 Others in the alleged murder of Mr. Sunny Etchie, the Okaighele of Kolokolo Community, in Ologbo Dukedom, Edo State, Nigeria has been adjourned to 2nd June, 2021 based on an Application by 8th Defendants Counsel, Ighedosa Imandugbelo SAN.
The State Counsel, Ewemade esq. had informed the court that the witness, PW 1, Sgt Otoide Marvelous who was in the witness box as at the last adjourned date was involved in gas accident which resulted to severe burnt all over his body and has been hospitalised.
Ewamade Esq further bring in an application before the court seeking to expunge the evidence of the witness PW 1 so far, that PW 1 might spend a long time before he recover so that the other witness PW 2 who was available in the court will be taken pending when the PW 1 will be well and fit to come back to court.
Counsel to the 8th Defendant, Ighedosa Imamdugbelo SAN objected, and demanded for proof of evidence that PW 1 was actually involved in gas accident.
State counsel, Ewemade Esq tendered video evidence of PW 1 actually involved in gas accident.
Ighedosa Imamdugbelo SAN again objected and said that since there is know substantial evidence to prove that the PW1 was actually involved in gas accident, seek the permission of the court to send the Court Registrar to go verify in the hospital if really the PW1 had a gas accident.
After much arguments, the 8th Defendant's Counsel, ask for an adjournment to enable the state counsel tender before the court medical report and photographs to buttress her claim.
The Presiding Judge, His Lordship, Justice Mary Ituseli then adjourned the case to 2nd June, 2021 to enable the State Counsel tender before the court the Medical report and photographs of evidence that the PW 1 was actually involved in gas accident.
Chief Johnson Atselege and 11 Others are being arraigned for alleged conspiracy, kidnapping and murder of Mr. Sunny Etchie, the Okaighele of Kolokolo Community in Ologbo Dukedom, Ikpoba-Okha Local Government Area, Edo State.
The Defendants' offence contravened Sections 516, 327 and 316 (1) punishable under Section 319 (1) of the Criminal Code Act , Cap C38, Laws of Federation of Nigeria 2004 and Section 2 (2) punishable under Section 3 of the Kidnapping Prohibition (Amendment) Law, 2021 of Edo State.
All the 8 accused persons including Chief Johnson Atselege were present at the court.
Responding to questions from newsmen after the sitting, Counsel to the family of late Mr. Sunny Etchie, the Okaighele of Kolokolo Community, Barr. Matthew Edaghese said, "The court adjourned for continuation of trial today, then unfortunately the witness PW 1 who was in the witness box as at the last adjourned date, who was doing very well turning out very damming testimony against the defendants before the objection by the Defence Counsel that they are objecting to the voluntariness of that statement which in any way was voluntary by every definition of the word “voluntariness”.
"But the court was mindful to grant the application for adjournment at their instance, hoping that today (31/5/21) we will do the trial within trial.
"Unfortunately, between that day and now, something strength happen - the witness (PW 1) who was very healthy, very articulate on the last adjourned date, had a mysterious gas accident and suffer severe burnt all over his body. As we speak now, he is in critical condition receiving treatment in the hospital.
"So, the State Counsel has duly informed the court of this very worry development, the State Counsel wanted the court to expunge the evidence of the witness (PW 1) so far because he might spend a long time before he recover, so that the other witness (PW 2) who was available in the court will be taken pending when the witness (PW 1) will be well and fit to come back to court.
"But strangely, the same people who made an Application for adjournment that day repeated their Application for another adjournment, they opted for an adjournment instead of doing the needful; let the trial go on unhindered.
"The 2nd witness (PW 2) would have be taken today based on the Application of the State Counsel, but they objected, instead they wanted the adjournment that will further stop this trial and the court was minded to grant that Application.
"So an adjournment was granted till 2nd day of June, 2021 so that the proper evidence, according to them that they said they want to see evidence and proof whether the PW 1 actually suffered burnt.
"Of course, the State Counsel showed them the video evidence on her phone, they said no, that they want it to be properly official. I don’t know what is more evidential than what you see and verify. I know these are gamest to delay trial, but then trial could be delay but justice will never be deny in this case," he emphasized.
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