A Port Harcourt High Court
presided over by Justice Letam L. Nyordee has reserved May 8 and 22, 2014 as ruling for the admissibility of voluntary evidence given by the second accused person, Sgt Lucky Orji standing trial on the murder of four students of University of Port Harcourt, at Omukiri Aluu in 2012.
Justice Nyordee stated that last Thursday, after the evidence in chief on the matter, DSP Rapheal Ezechi and the second accused person, Sgt Lucky Orji testified at the trial within trial session during the resumption of the matter.
Taking the lead during the cross examination, ASP Rapheal Ezechi told the court that the second accused person, Sgt Lucky Orji was arrested after the video tape was played and he was found to have participated in the killing of the students.
According to him, the accused person was seen carrying his AK. 27 Assort rifle which he used the back on one of the victims, adding that the AIG Zone six, Late Murktari was the head of the investigative panel that investigated the police personnel that was allegedly involved in the act.
He explained that the accused volunteered to the police his statement during the investigations adding that there was no force applied on the accused person to get his statement.
In his own evidence, the second accused person, Sgt Lucky Orji told the court that the statement tendered by the prosecution was gotten from him under force at the state CID, adding that he only wrote the statement that was dated on 11th October, 2012.
Sgt Orji said the statement dated 14/10/2012 did not emanate from him, noting that he was beaten up to sign the said statement at the SCID in Port Harcourt.
In their presentation, the prosecution team led by the Solicitor-General and Permanent Secretary Ministry of Justice, Barr. Rufus Godwin urged the court to admit both statements made by the accused person because they were materially correct, adding that the accused persons during the cross examination admitted the volunteered the information to the police during the production of both statements.
He submitted that the facts contained in both statements were factual in the death.
In their own submission, the defence counsel led by Barr Uchechukwu Oputa urged the court not to admit the evidence because they failed to comply with the various rules as stipulated in the 1999 constitution, pointing out that the statements allegedly obtained from the accused person were not confessional.
He posited that the purported statements made by the accused person were not submitted willingly but through torture by his superior officers.
In his ruling, the trial judge, Justice L.L. Nyordee fixed May 8 and 22 as ruling on the admissibility of the evidence before the court and continuation of the matter.