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Timothy Adegoke’s Death: ‘Report of forensic analysis came out before request was made by police’ – counsels

… Say prosecution raises conspiracy theories to link the defendants

Counsels to defendants in the alleged killing of Timothy Adegoke, the MBA students of Obafemi Awolowo university, Ile-ife have urged the court to discharge and acquit, their clients standing trial before an Osun State High Court Sitting in Osogbo.

At the resumed hearing on Friday, Yusuf Ali (SAN), Roland Otaru (SAN), Murital Abdulrasheed (SAN) and Okon Ita had during their “no case submission” told the court that the prosecution has not been able to establish a prema facie against all the defendants based on all evidences presented to the court.

They said the prosecution has not elicited any iota of evidence through all the witnesses, that connect or link all the defendants to any of the 11 count they are been charged which bothers on murder, conspiracy, felony among others.

They said all evidences before the court are not enough for the defendants to be charged for the offences.

“Our submissions are based on the fact that the prosecution has not elicited any iota of evidence through PWD1 to 8 connecting or linking the defendant to any of the counts. What the prosecution has succeded in doing, is the conspiracy theory that the defendants are connected to the death of the deceaasd.

“Prosecution has not been able to establish a prema facie against all the defendants. We urge my Lord to discharge and acquit the defendants on the count”, Ali and Otaru submitted.

Otaru further said “The only evidence which the prosecution was able to prove is that the 7th defendant was a receptionist on duty at Hilton Honour Hotel where the deceased lodged and that the money paid by the deceased was tranfered in to her account. That is the only evidence.

“The prosecution witnesses who gave acount of the process of investigation as investigating police officer not only confirmed under cross examination that the 37,000 paid was completely remmited to the hotel account, both witnesses confirmed that other than that there is nothing linking the 7th defendant to the offences.

Tranfering to her UBA acount is not a crime. The prosecution has also failed woefully to show that that the defendants should be charged, nothing sufficient to raise that need. The law is that the prosecution provide circumstantial evident that the defendant contributed directly to the death of the deceased.

Replying to the defendants submissions, the prosecution counsel, M. O. Omosun said they rely on all authorities cited as legal documents.

He said “With this our submission is that the prosecution had established prema facie case against the 1st defendant. Prima facie have been established in all the evidences provided before the court.”

On the discrepancy in the date of request for and the report of the forensic nalysis, Omosun said the prosecution had witdrawn the evidence dated in error and the correct one was admitted as exhibit in evidence by the court.

The chief judge Adepele Ojo who is presiding over the case however adjourned ruling on the prayers of the defendants as well as that of the prosecution till next week Wednesday.

Related Topics:Timothy adegoke