By Edith Nwapi
An FCT High Court in Maitama on Thursday ordered the trial- within-trial in a culpable murder cost slammed on a 37-year-old, Mathew Ankyoor, who allegedly killed his spouse.
Justice Peter Affen, who gave the order, mentioned it was vital to determine the veracity of the statements made by the accused.
Ankyoor is standing trial for allegedly beating his spouse to loss of life with a three-count cost hanging round his neck.
The accused, who was first arraigned on Oct. 24, 2017, had pleaded not responsible.
At the resumed listening to of the case on Thursday, the Prosecuting Counsel, Mr Donatus Abah, referred to as the primary prosecution witness (PW1), Insp. Raymond Isama of the Homicide Section of the FCT Police Command.
The witness instructed the courtroom that the case was transferred from the Lugbe Division of the command to the murder part and was assigned to him to analyze.
He mentioned Ankyoor had written the assertion with out coercion, including that he (Isama) took each the accused and the assertion to a superior officer the place the doc was signed and countered-signed.
The witness added that the accused voluntarily signed the assertion earlier than the superior officer, whereas he (Isama) countered-signed.
Isama had additionally knowledgeable the courtroom that he visited the scene of the crime in addition to Wuse General Hospital, the place a pathologist eliminated the infant contained in the womb of the deceased, Mrs Doosuur Ankyoor.
He mentioned that he took the pictures of the infant, who additionally died within the strategy of being faraway from its lifeless mom’s womb.
The pictures had been admitted as displays because the defence counsel didn’t object to its admissibility.
There was a gentle drama as an argument ensued between the 2 counsel when Abah sought to tender the accused individual’s assertion as exhibit earlier than the decide.
The Defendant’s Counsel, Mr John Godwin had objected to its admissibility on the grounds that it was opposite to Section 29 of the Evidence Act.
Godwin mentioned the assertion was not voluntarily made by the accused, including that he was “tortured, coerced and intimidated into writing the statement”.
Arguing on level of regulation, the prosecuting counsel, insisted that the assertion was admissible, including that the defence counsel’s objection was solely a ploy to delay the trial.
The decide, after entertaining the witness’ submission and arguments from each counsel, ordered a trial-within-trial to determine the veracity of Ankyoor’s declare.
He case was adjourned till Feb.19.