Posted by Robert Egbe | 16 October 2019 | 655 times
An Igbosere High Court in Lagos on Wednesday sentenced a 46-year-old man, Tunde Omisakin to 12 years imprisonment for causing the death of his girlfriend, Tina Toroso.
Justice Adedayo Akintoye convicted Omisakin of manslaughter for cutting the right hand of his girlfriend with a cutlass which resulted in her death.
The judge held that the prosecution proved the ingredients of manslaughter beyond every reasonable doubt.
She noted that the prosecution witnesses’ evidence clearly established how the incident happened.
“The prosecution evidence directly pointed to the defendant as the person who caused the death of the deceased (Miss Toroso).
“The defendant did not deny that he cut her hand but said he did not intend to kill her.
“I hold that the ingredient of manslaughter has been proven by the prosecution beyond reasonable doubt,”
Justice Akintoye said.
The judge found holes in the defence’s contention that the evidence of the prosecution witnesses were contradictory and that the evidence of the investigating police officers were merely hearsay,
She held: “The evidence adduced by investigating officers during investigations cannot amount to hearsay.
“I hold that the evidence of the prosecution is consistent and therefore reliable.
“This court hereby finds Tunde Omisakin guilty of manslaughter and is dully convicted.
“He is sentenced to 12 years imprisonment, the years of remand will be deducted from his sentence.”
Earlier, defence counsel Mrs Grace Adenubi, a Legal Aid Counsel, pleaded for the convict’s leniency, adding that he was a first time offender and had been in custody since 2009 when he was arrested.
Omisakin was first arraigned sometime in 2010 but was re-arraigned on February 16, 2016 before Justice Akintoye when the former judge handling the case retired.
He was charged with a count of manslaughter, but pleaded not guilty and was remanded in prison.
Prosecution counsel, Mrs Abiodun Gbadamosi, told the court that Omisakin committed the offence on December 8, 2008, at about 2am, at his residence at Lamgbasa in Ajah area of Lagos.
She said that the defendant caused the death of the deceased, one Tina Toroso, by cutting her right hand with a cutlass which severed her veins.
She said the offence contravened Section 317 of the Criminal Law of Lagos State 2003.
The case went for trial and the prosecution called four witnesses. (The Nation)
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