‘Omitted footage a lapse’: Two Nigerians acquitted of assault
Panaji: A Mapusa court acquitted two Nigerians, Innocent Okezuonn Amaeme and John Kings Uchenna, of assault of a govt servant at the detention centre at Mapusa in Nov 2021. The decision came after the prosecution chose not to show CCTV footage to the court.
The third Nigerian accused, Arinze Robinson Okemezie, has been absconding.
The prosecution “omitted” and “withheld…the CCTV footage, which is the best evidence that would have thrown light” on the events at the detention centre, the court said.
“...by withholding the same, a serious doubt is created in the case set up by the prosecution...” said judicial magistrate first class, C Court, Mapusa, Nilima Shrikant Kankonkar.
The court also observed a delay in conducting the scene-of-offence panchanama and a delay in recording the statements of witnesses. The court said the lapses in the investigation raise a “serious doubt” in the case set up by the prosecution and acquitted the accused, giving them the benefit of the doubt.
According to the prosecution, the assault occurred when a lower division clerk of the social welfare department entered the detention centre around 3:30pm to deliver basic amenities like soap, toothpaste, and mosquito coils to inmates. Uchenna then allegedly asked the clerk about their letter to the Goa Human Rights Commission, which was forwarded by the social welfare department.
Uchenna was allegedly not satisfied with the clerk’s reply. Later, around 6pm, the other two inmates had allegedly joined Uchenna to abuse the clerk, threw a chair on the clerk’s right leg, and slapped him.
On seeing the aggressive behaviour of the inmates, the staff of the Foreigners Regional Registration Office rushed in and separated them from him, according to the prosecution case. The three accused also allegedly went to the main gate and didn’t allow him to leave.
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The prosecution “omitted” and “withheld…the CCTV footage, which is the best evidence that would have thrown light” on the events at the detention centre, the court said.
“...by withholding the same, a serious doubt is created in the case set up by the prosecution...” said judicial magistrate first class, C Court, Mapusa, Nilima Shrikant Kankonkar.
The court also observed a delay in conducting the scene-of-offence panchanama and a delay in recording the statements of witnesses. The court said the lapses in the investigation raise a “serious doubt” in the case set up by the prosecution and acquitted the accused, giving them the benefit of the doubt.
According to the prosecution, the assault occurred when a lower division clerk of the social welfare department entered the detention centre around 3:30pm to deliver basic amenities like soap, toothpaste, and mosquito coils to inmates. Uchenna then allegedly asked the clerk about their letter to the Goa Human Rights Commission, which was forwarded by the social welfare department.
Uchenna was allegedly not satisfied with the clerk’s reply. Later, around 6pm, the other two inmates had allegedly joined Uchenna to abuse the clerk, threw a chair on the clerk’s right leg, and slapped him.
Stay updated with breaking news, weather updates, bank holidays and upcoming public holidays in march.
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