A palm wine tapper, Udo George has discharged and acquitted of a murder charge by an Akwa Ibom State High Court sitting in the Ikot Ekpene Local Government Area of the state
The 52-year-old man, who hailed from Essien Udim was dragged before the court for murder.
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.
The judge said he believed the evidence of the father of the deceased that his son, James Sunday, fell down and died before the accused used a bamboo stick to beat him.
The court held that ‘the evidence of the accused that he met the father of the deceased and one of his sons beating the deceased for embarrassing their family, by walking naked in the village, was not challenged, neither was the evidence that the deceased was epileptic and a sickle cell patient challenged.’
Justice Ntong said the evidence left him ‘with a blurred vision as to who killed the deceased and cannot act with speculation, imagination and aggravated doubt or sentiment to convict the accused person’.
“In the light of this and in this wise, I respectfully hold that the prosecution has failed to prove this murder charge against the accused person beyond reasonable doubts. I hereby dismiss and the accused person, Udo Effiong George, is hereby discharged and acquitted accordingly,” Justice Ntong held.
Discussion about this post