On Wednesday, the Igbosere High Court in Lagos sentenced Tunde Omisakin, a 46-year-old man, to 12 years in prison for causing the death of his wife, Tina Toroso. Omisakin was charged with cutting his girlfriend’s right hand with a cutlass that resulted in her death, NAN says.
He was first arraigned sometime in 2010 but was re-arraigned on Feb. 16, 2016 before Justice Adedayo Akintoye when the former judge handling the case retired.
He was charged with a count of manslaughter for which he pleaded not guilty and was remanded in prison.
The case went for trial and the prosecution called four witnesses.
However, at the resumed hearing on Wednesday, Justice Akintoye ruled that Omisakin was guilty as charged.
She said that the prosecution was able to prove the ingredients of manslaughter beyond every reasonable doubt.
The judge said that the prosecution witnesses clearly gave evidence establishing how the incident happened.
she said “The prosecution evidence directly pointed to the defendant as the person who caused the death of the deceased, Miss Toroso.
“The defendant did not deny that he cut her hand but said he did not intend to kill her.
“I hold that the ingredient of manslaughter has been proven by the prosecution beyond reasonable doubt.”
She, however, noted that the defence had said that the evidence of the prosecution witnesses was contradictory and that the evidence of the investigating police officers were merely hearsay.
“The evidence adduced by investigating officers during investigations cannot amount to hearsay.
“I hold that the evidence of the prosecution is consistent and therefore reliable.
“This court, hereby finds Tunde Omisakin guilty of manslaughter and is duly convicted.
“He is sentenced to 12 years imprisonment; the years of remand will be deducted from his sentence,” she held.
The defence counsel, Mrs Grace Adenubi of Legal Aid Counsel, had pleaded for leniency for the convict, adding that he was a first-time offender and had been in custody since 2009 when he was arrested.
The prosecution lawyer, Mrs. Abiodun Gbadamosi, told the court that Omisakin had committed the offense on 8 December 2008 at 2 a.m. in his house in Lamgbasa, Ajah, Lagos.
She said that the defendant caused the death of the deceased, Tina Toroso, by cutting her right hand with a cutlass that cut off her veins. It claimed that the crime violated Section 317 of the Criminal Law of the State of Lagos, 2003.