Delivering judgement on Friday, the trial judge, Justice Ntong Ntong, held that the prosecution failed to discharge the burden of proving the guilt of the accused beyond reasonable doubt.
Ntong said, “The evidence of the father of the deceased, Mr Sunday Umoren, created a large gulf that puts the court in doubt on who actually killed his son.” Therefore, the judge resolved the doubt in favour of the accused person, a palm wine tapper. Justice Ntong held that the totality of the evidence of the prosecution witnesses was predicated on suspicion, as the father of the deceased could not tell the court who killed his 25-year-old son.
He observed that the Police did not present vital witnesses, as the two police officers, who investigated the matter, gave hearsay evidence. “Police investigation in a criminal proceedings is to assist the court unravel the truth of the matter in order to do substantial justice to the deceased, whose blood is crying for vengeance; the accused, who is constitutionally presumed innocent; and the State, whose population is depleted by the unlawful killing of its citizen,” he added.
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