Extrajudicial killing: Policeman to hang •Court rejects accidental discharge defence

SOURCE::: THE SUN




A police sergeant, Kalejaiye Ola, is to pay the supreme price as a Benin High Court has sentenced him to death by hanging for the murder of one Paul Erimafa on June 23, 2003 with AK47 assault rifle. Justice Roland Amaize, in his judgment, held that the act of the accused was pre-meditated and not the defence of accidental discharge offered by the accused.

According to the judge, the accused initially reported a case of armed robbery against the deceased but that investigation proved that the alleged robbery was a lie. Justice Amaize held that there were contradictions in the accused person’s extra-judicial statement and oral testimony in court.

“It is the view of the court that there was no justification for the accused person to have shot and killed the deceased who was harmless as at the time of the incident,” the judge held.
He observed that evidence from the police doctor who performed autopsy on the corpse showed damaged urinary bladder and profuse bleeding, which led to the death of the victim.
The accused policeman was said to have shot the deceased on the laps near the residence of the chief judge of Edo State, GRA, Benin City on June 23, 2003.

According to prosecution witness, police guarding the chief judge’s house saw the deceased kneeling at the scene of the crime in the early hours of the fateful morning shouting “help, help,” while the accused policeman with gun in hand was also shouting “thief, thief,” and in the process, he pulled the trigger. Paul was said to have died shortly after while being rushed to the hospital.

The court also noted that evidence of one of the expert prosecution witnesses on the handling of arms and ammunition showed that the AK47 rifle was not in the safety mode when the incident happened.
Besides, Justice Amaize further held that the evidence of another prosecution witness present at the scene of the crime was not challenged.
Besides, the trial judge said the evidence of a witness called by the sergeant was questionable as there was no summons on the witness to come and testify in court.
Justice Amaize, therefore, held that the prosecution proved the case of murder against the accused beyond reasonable doubt as stated by law and sentenced Police Sergeant Kalejaiye Ola to death by hanging under Section 319 of the Criminal Code.