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Culpable homicide: Court reserves ruling on trial-within-trial

An FCT High Court, Maitama, on Monday reserved ruling in the trial-within-trial of Matthew Ankyoor, standing trial for allegedly killing his pregnant wife.

Justice Peter Affen, who adjourned the case indefinitely, said that the date of the ruling would be communicated to counsel in the suit.

Affen adjourned the matter after counsel adopted their written addresses on the trial- within -trial filed by Ankyoor.

Ankyoor is standing trial on a three-count charge bordering on killing his wife who was pregnant.

He was first arraigned on Oct. 24, 2017, and he pleaded not guilty to the charges leveled against him.

The judge had ordered for trial-within-trial to ascertain the voluntariness of the statement made by Ankyoor to the police.

Affen gave the order after the defendant’s counsel, Mr Ocheme Adama, objected to the tendering of the statement in evidence by the prosecuting counsel, Donatus Abah, through his first witness, Insp. Raymond Isama.

At the resumed sitting on Monday, the defendant counsel urged the court to discharge the defendant of the allegations leveled against him.

He said a look at the endorsement on the face of the confessional statement purported to have been made by the defendant, showed it  was not voluntarily made

He said that the statement stated in part that the defendant was under duress and was forced to make the statement.

Responding, the prosecuting counsel urged the court to allow the defendant to enter defence, adding that the endorsement pointed out by the defence was a printing error .

The News Agency of Nigeria (NAN, reports that Ankyoor,  told the court that he was brought from Lugbe on June 9, 2017, to FCT Police Command Office, Homicide Section, where he made a statement.

He went further to say that the words were dictated, while he was slapped, hit and forced to write what they(police ) were dictating to him.

The prosecution witness, ASP John Utache, who endorsed the statements of Ankyoor, in response told the court that the confessional statements were made by the defendant voluntarily.

” He wrote it voluntarily, he was not tortured , intimidated nor under duress, he told me he wrote it voluntarily when he was brought by Insp. Raymond Isama, of the Homicide Section of the FCT Police Command,’’ he said.

When he was asked to write out what was in the statement by the defendant counsel, he wrote  that he was “tortured, intimidated” to make the statement. (NAN )

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This post was syndicated from Nigerian Pilot News. Click here to read the full text on the original website.

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