By: Audrey Raymonda John
Case of murder and perversion of justice against Ikubolajeh Nicol has been committed to the high court Magistrate Mark Ngegba ruled there is sufficient evidence for trial.
Earlier, lead defense lawyer Roland Wright argued that even in civil proceedings has a lower standard of prove when it comes to tendering documents saying that the document that was tendered as death certificate was not marked as certified true copy; hence, such document cannot be countenanced emphasizing on the point that the making has not been made available to be tested on its content authenticity and veracity.
He therefore referred to the said document as an opinion rather than the fact.
The court he reiterated has not been officially informed that someone died due to the absence of a cause of death certificate.
But if the court decides to consider the documents before it, the very witnesses of the prosecution have discredited such with the testimony of the nurse who had said during cross examination that patients who are taken into the ICU are those who are unconscious, as a material evidence.
Where there’s strangulation he said the person dies between 5 -7 minutes.
Neither the doctor nor the nurse ever told the court that Sinnah had injuries. Nobody he also said screamed for help on the night of the said incident.
He said there was also no mention of sexual activity.
As he was making those submissions, tears ran softly down the cheeks of the accused, Ikubolaje who has always appeared in his corporate attire.
To establish a case of murder he said 1, that a person died, 2, that the death was caused by another person and thirdly that the perpetrator is the accused. No evidence he said connected the accused even his intention to the offense alleged.
The only evidence before the court is that the accused was in a relationship with the deceased who were having fun the night of the incident.
The prosecution made no attempt whatsoever to contradict none objective exhibits including call logs and testimonies that had been presented to the court.
If proving a case is as taking WASSCE, Mr. Wright said the prosecution got 10 F9s especially to ascertain intention and cause of death, and did not show that the accused conspired with other person in the said act of murder and perversion of justice.
In reply, state prosecutor AGM. Bockarie said Mr. Wright was trying to give the court a jurisdiction which it doesn’t have in a preliminary investigation.
By law, he said when evidence is inconsistent, the magistrate should commit the matter to higher court.
He said there are classical presidents of convicting a murder accused in the absence of a cause of death report.