statement to her and Mama Rachael and Mama Chidinma was
not around when the accused son was knocking at the door.
It should be noted that PW3 did not testify that she was
confronted by PW4 on the 9/5/14. The question that agitated the
mind would be, was PW4 amongst the two neighbours that sat in
front of PW3 door and heard her crying and shouting?.
I do not think so going by PW4’s evidence in court, because PW4
under cross-examinatio0n had testified that she did not walk close
to the room and she did not hear anything like noise; moreso, PW3
did not say that anyone confronted her on the 9/5/14 but that is
was the next day that two of her neighbours confronted her.
It is without doubt that the testimony of PW4 materially contradicts
the testimonies of other witnesses and leaves room for doubt.
The PW5 Dr. Nwoye Lawrence Welle in her testimony stated that
she took the history of PW3 and did physical and vagina
examination. The first thing she noticed was that PW3 underwear
was stained with discharge and this discharge can also be seen in
the virgina.
It should also be noted that the prosecution thought it wise not to
produce or tender the said underwear in evidence.
What a
prosecution indeed.
PW5 further testified that from her examination of the vagina there
was no forceful penetration, no bruises no blood stain but the
hymen was vividly absent. She stated that she asked the PW3 if
she had sexual intercourse with someone else but PW3 said her
father was the only person that has ever had sex
26
with her.
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