A Lagos High Court on Wednesday refused
to admit as evidence photographs of the vehicle of alleged wife killer,
Akolade Arowolo, due to legal technicalities.
While being led in evidence by the
Director of Public Prosecutions, Mrs Olabisi Ogungbesan; the ninth
witness for the prosecution, Mr. Gift Ineche, a police inspector, told
the court that he took the pictures of the crime scene.
Ineche, who is attached to the Forensic
Photography Section of the State Criminal Investigation Department,
Yaba, said he used an analogue camera to take pictures of the
blood-stained vehicle of Akolade’s Honda Car at Aswani Police Division.
He said, “On June 28, 2011, Mr. Titus Ogbonna, a policeman at the SCID, asked me to accompany him to a crime scene.
“We went to the Aswani Police Division where the Divisional Crime Officer took us to see a Honda car parked on the premises.
“Inside the car there were blood stains
on the steering, the driver seat, the gear; and by the turtle there was a
blood-soaked N100 note. I took photos of the interior and exterior of
the car.”
The pictures labelled ID4, ID5, ID6, ID7 and ID8, were shown to Ineche for identification purposes and were recognised by him.
Ogungbesan then sought to tender the
pictures as evidence but Akolade’s lawyer, Mr. Olanrewaju Ajanaku,
immediately objected to it on the grounds that since the pictures
emanated from an analogue camera, the negatives ought to be tendered as
the primary evidence.
Ajanaku prayed the court not to admit the pictures as evidence since the negatives were not made available to the court.
Justice Lateefah Okunnu said, “The law
is settled that the camera in question is an old style camera. It is
therefore the negatives that are primary evidence and no foundation has
been laid.
“IDs 5-8 are therefore refused by the court.”
Ineche then proceeded to describe in
detail the scene of the crime, that is, the couple’s apartment at 8,
Akindeinde Street, Isolo.
He said he took photographs of the couple’s home, which had blood stains in various parts of the house.
He said, “I took pictures of the kitchen
door of the apartment, which had blood stains as well as the wall. In
the basin, there was uncooked fish and meat which seem to have spoilt.
“I proceeded to the staircase which had
blood stains and then the bedroom which was turned upside down as if it
had been ransacked. There was a lump of flesh and I took pictures of it
as well before it was recovered by the Investigating Police Officer.
“I was led to the balcony where I took
pictures of the railings which had blood stains as well. I took shots of
the entire building as well before leaving.”
Ineche said after the detectives left
the crime scene, they proceeded to the Lagos State University Teaching
Hospital to see the corpse and also took pictures of Titilayo’s corpse
in the presence of her family members.
Ogungbesan prayed the court to adjourn
the case so that the prosecution could have enough time to produce the
negatives in court.
“We don’t have the negatives in court
this morning due to a slight mix-up. I have another witness but I want
us to finish with Ineche before the next witness takes the stand. The
negatives will be made available at the next date of adjournment,” she
said.
Ajanaku however objected to Ogungbesan’s request, describing it as an attempt to undo what the court had finalised.
Okunnu described as sloppy the failure
of the DPP to make the negatives available to the court but gave her the
opportunity to redeem herself.
She said, “The prosecution was sloppy
but since this is their first fault, I’ll give them the opportunity to
bring the negatives to the court at the next date of adjournment
“The case is hereby adjourned till June 6 and 7 for further hearing.”
Akolade is in court for the alleged
murder of his wife, Titilayo, an employee of Skye Bank, who was killed
at their home on June 24, 2011.-punch
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