A Lagos High Court on Wednesday refused to admit as evidence photographs of the vehicle of alleged wife killer, Akolade Arowolo, due to legal technicalities.
While being led in evidence by the Director of Public Prosecutions, Mrs Olabisi Ogungbesan; the ninth witness for the prosecution, Mr. Gift Ineche, a police inspector, told the court that he took the pictures of the crime scene.
Ineche, who is attached to the Forensic Photography Section of the State Criminal Investigation Department, Yaba, said he used an analogue camera to take pictures of the blood-stained vehicle of Akolade’s Honda Car at Aswani Police Division.
“We went to the Aswani Police Division where the Divisional Crime Officer took us to see a Honda car parked on the premises.
“Inside the car there were blood stains on the steering, the driver seat, the gear; and by the turtle there was a blood-soaked N100 note. I took photos of the interior and exterior of the car.”
The pictures labelled ID4, ID5, ID6, ID7 and ID8, were shown to Ineche for identification purposes and were recognised by him.
Ogungbesan then sought to tender the pictures as evidence but Akolade’s lawyer, Mr. Olanrewaju Ajanaku, immediately objected to it on the grounds that since the pictures emanated from an analogue camera, the negatives ought to be tendered as the primary evidence.
Ajanaku prayed the court not to admit the pictures as evidence since the negatives were not made available to the court.
Justice Lateefah Okunnu said, “The law is settled that the camera in question is an old style camera. It is therefore the negatives that are primary evidence and no foundation has been laid.
“IDs 5-8 are therefore refused by the court.”
Ineche then proceeded to describe in detail the scene of the crime, that is, the couple’s apartment at 8, Akindeinde Street, Isolo.
He said he took photographs of the couple’s home, which had blood stains in various parts of the house.
He said, “I took pictures of the kitchen door of the apartment, which had blood stains as well as the wall. In the basin, there was uncooked fish and meat which seem to have spoilt.
“I proceeded to the staircase which had blood stains and then the bedroom which was turned upside down as if it had been ransacked. There was a lump of flesh and I took pictures of it as well before it was recovered by the Investigating Police Officer.
“I was led to the balcony where I took pictures of the railings which had blood stains as well. I took shots of the entire building as well before leaving.”
Ineche said after the detectives left the crime scene, they proceeded to the Lagos State University Teaching Hospital to see the corpse and also took pictures of Titilayo’s corpse in the presence of her family members.
Ogungbesan prayed the court to adjourn the case so that the prosecution could have enough time to produce the negatives in court.
“We don’t have the negatives in court this morning due to a slight mix-up. I have another witness but I want us to finish with Ineche before the next witness takes the stand. The negatives will be made available at the next date of adjournment,” she said.
Ajanaku however objected to Ogungbesan’s request, describing it as an attempt to undo what the court had finalised.
Okunnu described as sloppy the failure of the DPP to make the negatives available to the court but gave her the opportunity to redeem herself.
She said, “The prosecution was sloppy but since this is their first fault, I’ll give them the opportunity to bring the negatives to the court at the next date of adjournment
“The case is hereby adjourned till June 6 and 7 for further hearing.”
Akolade is in court for the alleged murder of his wife, Titilayo, an employee of Skye Bank, who was killed at their home on June 24, 2011.
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