Tuesday, September 3, 2013

DPP recommends manslaughter for man who killed lover



Regina James
The Directorate of Public Prosecution, Lagos State, has said George Iheanacho, who allegedly killed his live-in-lover and mother of his three children, Regina James, will be charged with manslaughter.
It was exclusively reported on May 29, 2013, that the accused, who worked in a shipping company, had a misunderstanding with Regina sometime in April, 2013.
It was reported that the argument led to Iheanacho beating up Regina, and in the process, she fell into a coma. The victim died before she could get medical attention.
Iheanacho was subsequently charged to court for the crime, and was granted bail pending the DPP’s advice.
According to the DPP’s advice dated August 30, and signed by Ms Olayide Eboda for the Attorney-General and Commissioner for Justice Lagos State, the facts from the police case file indicated a case of manslaughter, and not murder.
The DPP’s advice read in part, “After a careful perusal of facts contained in the duplicate case file, this office is of the opinion that a prima facie case of involuntary manslaughter contrary to Section 222 of the Criminal Law of Lagos State, Nigeria, is established against the suspect, Ihenacho Nkem.
“Facts available in the police duplicate file revealed that the deceased ran into the hands of fraudsters at Iyana Ipaja who defrauded her of N200,000, made her drink a concoction and then, beat her up.
“On getting home and informing her husband about what happened, her husband also beat her with a cable wire, during which she excreted twice on her body. She died thereafter.”
The advice stated that the facts did not satisfy all the ingredients of a murder case, hence a charge of involuntary manslaughter was preferred in the absence of intention.
It added that though the act of beating the deceased as alleged by one of the witnesses, Peace Effiong, might have aggravated the situation, it was not enough to conclude that the defendant indeed deliberately killed the deceased.
Counsel for the defendant, Spurgeon Ataene, urged the court to allow the defendant continue on bail before the matter would be taken to the High Court for trial.
However, the lawyer for the complainant, Mr. Destiny Takon, objected to the plea.
He said, “I want to observe that the bail granted to the defendant was pending the DPP’s advice. The advice is out, his bail has expired. Since the substantive charge is going to the High Court, and this court cannot handle the matter, it also means it cannot take its preliminary part. The proper thing is to give the defendant’s bail a burial. ”
The magistrate, Mr. O.O. Olatunji, said the law gave him the power to exercise his discretion over the issue of bail.
He said the defendant should be allowed to continue on bail if his four sureties could express their willingness to continue standing for him in writing.
The matter was adjourned till October 18.

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