Tuesday, April 30, 2013

Power Outage Destroys Evidence In Funsho Williams Trial

A prosecution witness in the on-going trial of six suspected killers of People’s Democratic Party (PDP) Chieftain, Engineer Funsho Williams has told the Lagos High Court sitting in Igbosere, Lagos Island that some of the exhibits obtained in 2006 by an expert pathologist, who conducted a post-mortem on the deceased were destroyed due to epileptic power supply.

The witness, a Deputy Commissioner of Police (DCP) in charge of forensics at the Force Headquarters, Abuja, Ovie Oyokomino was testifying before the court presided over by Justice Ebenezer Adebajo.
According to him the perishable evidence obtained from the late politician such as blood samples as well as the vitreous humour of the eye went bad due to power failure in the course of refrigerating.

He explained that the vitreous humour is the clear gel that fills the space between the lens and the retina of the eyeball of human beings.

The police officer also testified that he visited the scene of the crime at about 12:30midnight with his officers following a distress call from the Assistant Inspector General of Police, AIG, Zone II.
The witness claimed a mattress and cushion containing shoe prints were retrieved from the deceased’s house at Corporation Drive, Dolphin Estate, Ikoyi.

DCP Oyokomino also stated that a blood stained pink coloured shirt was found in a Samsonite suitcase in the third bedroom.

The police officer further informed the court that a green rope that was planted at various places within the premises was used by the alleged killers to secure access into the deceased former PDP governorship candidate’s duplex.

According to the witness, “the assailants gained entry into his apartment (his wing of a twin duplex) from the un-occupied second wing of the twin duplex.

He gave a graphic description of the crime scene, saying “I got there at about 12:30pm with my men. There were so many people that were around so we could hardly get into the scene with our vehicle. The deceased was in a lying position on the floor, his arms were tied behind him. His head region was under the bed and we observed blood around the head on the floor.”

“He was wearing a multi-coloured Ankara in ‘Buba and Sokoto’. The ‘Sokoto’ had shifted and thereby revealing white under pant. There was evidence of ransacking the whole upstairs including the family’s living room and master bedroom.”
“We processed for finger prints, shoe prints and noted the position of things considered to be relevant for our forensic work, which included one empty scab board without the dagger.”
“We did not move the body from the position we found it. ”The pathologist who subsequently moved the body discovered the dagger under it.”
The witness also told the judge that there was a manhole in the ceiling which was a concrete ceiling for ease of maintenance.

According to him, “an opening of 2×2 covered with a plywood board was made in the ceiling.
“The manhole was just two fit from the dividing wall of the duplexes and it was similar to the other side. The building has a common roof. They used a green colour nylon rope notched in a number of places for easy usage to descend into the deceased’s apartment. We collected the rope, mattress containing shoe print, cushion in the living room that had shoe print.

“We also found a blood stained long sleeve shirt, pink in colour in a Samsonite suitcase in the third room.”
The witness explained that the police at that time relied on the mode of entry into the apartment to effect arrest, adding that two suspects who had previously broken into apartments in similar pattern were nabbed.
The police commissioner also told the judge that DNA materials were collected from the suspects and tested in a forensic lab in Britain; with an addition that the suspects were released after the DNA report exonerated them.

Oyokomino said, “the Investigating Police Officer, IPO, investigating the case later came back with suspects apprehended with the cell phone of the deceased, which was removed the day the incident occurred.
“We got orders from the Magistrate Court to obtain blood samples of the new suspects along with those of the police men who were attached to the deceased and his private security guard. Three of the suspects are police officers.

“We obtained the blood sample from the suspects while in detention. Samples were sent for DNA profile, which was reported inconclusive.

“This was reported to the prosecuting counsel who immediately set in motion to obtain fresh smoke through a court order at the High Court.

“I was later informed that the judge at the time gave an order but I never saw the certified true copy till now.
“It was only recently that I learnt that the order could not be carried out because the presiding judge at that time died without signing the order she made.”

He further informed the court that the exhibits were kept at the forensic department, including body tissues and blood samples brought by the pathologist who conducted autopsy on the late Williams.
Lawyer prosecuting the case, O.A. Akin-Adesomojo, while addressing the court noted that as a result of the bad state of what she termed perishable exhibits, it was necessary to obtain further samples, so that those who may not be involved in the crime will be freed.

However, counsel to the defendants, Agbara Okezie, in objecting noted that the prosecution had since July 27, 2006 when the deceased was murdered to state their case.

Okezie said, “it will be unfair to come through the back door to make another request.”
The matter has been adjourned till June 3, for continuation of trial.

At the last hearing of the matter, counsel to the Lagos State government, Mrs Akin Adesomoju had informed the court hat the two witnesses, which includes Oyokomino and ASP Abasi Udoe, were out of town.
She then pleaded with court for a short adjournment to enable the witnesses come to court.

But lawyer to the defendants, Okezie who frowned at the development informed the judge that there are other witnesses who could appear to give their own testimony.

“There are five other witnesses in this matter and not all of them are commissioners of police,” Agbara added.
It would be recalled that the defendants were arraigned on March 1, 2013 before Justice Adebajo on a two-count charge of conspiracy and murder.

The defendants are, Bulama Kolo, Musa Maina, David Cassidy, Tunani Sonani, Mustapha Kayode and Okponwasa Imariabie.

They were alleged to have on or about July 27, 2006, at 34A, Corporation Drive, Dolphin Estate, Ikoyi, conspired to murder one Engineer Funsho Williams.

According to the charge, the offence contravened section 316 and 324 of the Criminal Code, Laws of Lagos State, 2003.

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