Justice Adedayo Akintoye of the Lagos State High Court in Igbosere yesterday convicted and sentenced a 46-year-old man Tunde Omisakin to 12 years Imprisonment for causing the death of his girlfriend, Tina Toroso.
Omisakin was send to prison by Justice Akintoye after she found his guilty of the one count charge of manslaughter brought against him by the Lagos State government.
The state had accused the convict of inflicting a deep cut on the right hand of his girlfriend with a cutlass, which eventually led to her death.
He was first arraigned sometime in 2010 but was re-arraigned on February 16, 2016, before Justice Adedayo Akintoye when the former judge handling the case retired.
During the course of trial, the prosecution called four witnesses and the convict testified in his own defence.
In her judgment on Wednesday, Justice Akintoye found Omisakin guilty as charged.
The judge held that the prosecution was able to prove the ingredients of manslaughter beyond every reasonable doubt against the convict.
The court also held that the prosecution witnesses clearly gave evidence establishing how the incident happened.
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She stated, “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 a reasonable doubt,” Justice Akintoye said.
The judge further held that the evidence adduced by an investigating officers during investigations cannot amount to hearsay.
The defence had said during trial that the evidence of the prosecution witnesses was contradictory and that the testimony of the investigating police officers was mere hearsay.”
But the court maintained, “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, a Legal Aid Counsel, had pleaded for the court’s leniency, stating that the convict was a first-time offender and had been in custody since 2009 when he was arrested.
Earlier, the prosecution counsel, Mrs Abiodun Gbadamosi, had told the court that Omisakin committed the offence on December 8, 2008, at 2.00 a.m, in his residence at Lamgbasa, Ajah area of Lagos.
She said that the defendant caused the death of the deceased one Tina Toroso by cutting her right hand with a cutlass which severed her veins.
Mrs. Gbadamosi had insisted the offence is punishable under Section 317 of the Criminal Law of Lagos State 2003.