On Trial – Episode 22

On Trial – Episode 22

© Onyinyechukwu Mbeledogu

‘Charge No PHC/121/2016, State v Abayomrunkoje Quadri,’ the registrar called out.

Quadri walked into the dock. He was formally dressed in a white shirt tucked into neatly ironed black slacks over dark brown shoes that matched his belt. His suit was open and his red tie matched the neatly folded handkerchief in his brea$t pocket.

The Registrar informed the court of the appearances of parties.

‘Appearances,’ Hon Justice A. C. Oyolu called.

‘If it pleases my lord, A. K. T Pepple, Senior State Counsel,’ the prosecutor announced. ‘Appearing with me are: Miss T. Jumbo, state counsel, R. T. Roberts Esq, state counsel and Miss J. Ahia, Pupil state counsel.’

As he took his seat, Kaira took a deep breath, slowly exhaled and rose to her feet.

‘Respectfully my Lord, Ms K. C. Madukaife, appearing with Miss I. L. Yellowe for the Defendant.’

The court recorded the appearances of counsel.

‘The matter is fixed for defence, my Lord,’ Kaira continued when she once more had the attention of the judge, ‘and we are ready to open our defence.’

Koje was told to step into the witness box. He affirmed to speak the truth, the whole truth and nothing but the truth. Kaira led him in chief. His evidence was simple: He had worked closely with the Prosecutrix for two and a half years. Within that time, he hadn’t had any issues with her. He’d been drawn to her and had shared kisses with her a few times as a result of the attraction. However, he had suggested to her that she send in a resignation letter and he would write a recommendation to any employer of her choice. He regretted that they couldn’t continue working together because of his feelings for her especially since he couldn’t completely act on them.

The Prosecutrix hadn’t kept in touch but they had met a few months after her resignation when she arrived at his club with a few friends. They had exchanged pleasantries and he had asked her how her new boss was treating her and she had told him that she was enjoying her new workplace. He hadn’t seen her again until the night of the incident. He admitted to following her home and not calling out to her at the supermarket. He had wanted to find out where she lived and also surprise her. She had let him into her apartment and they had talked over a drink. Besides a short kiss, nothing had happened between them. He had left her apartment because it was quite late and he had stopped to pick up the suya he had bought earlier before proceeding to the supermarket where he had left his car, to buy a carton of Chivita. He had been surprised when the police invaded his home the following day and arrested him.

Pepple Esq rose to cross-examine the defendant.

Q: You have told this Honourable Court that you had only met the Prosecutrix once before the incident in question since she left your employment.

A: Yes.

Q: And so it would be correct to say that she did not want to maintain any relationship with you.

A: Not necessarily. We didn’t part as enemies.

Q: But she didn’t keep in touch.

A: No, she didn’t. I didn’t expect her to because of what had almost happened between us.

Q: You mean going after her for sex?

‘I wish to object, my lord,’ Kaira said, rising to her feet before Koje could answer the question. ‘Counsel is deliberately trying to mislead the defendant.’

‘Ask another question,’ Justice Oyolu told to the Prosecutor.

Q: Now, it is correct that the Prosecutrix moved out of the apartment she had been living in at the time she worked for you?

A: That is correct.

Q: And at no time did she divulge information as to her new address.

A: No, she didn’t. I already told the court that I followed her home to surprise her.

Q: Knowing fully well that if she wanted you to know where she lived she would have given you the address herself.

A: I wasn’t thinking at the time. I was just happy to see her again.

Q: So happy that you conveniently didn’t talk to her when she walked into the supermarket but waited to follow her home, unseen.

A: I wasn’t thinking properly.

Q: And you also weren’t properly thinking when you followed her home and raped her.

A: I didn’t rape her,’ Koje denied. ‘We shared a drink, a short kiss and then I left her apartment.

Q: Where do you live, Mr Quadri?

A: Off Peter Odili Road.

Q: So you left Peter Odili road and drove down to Igwuruta after working hours just to see the Prosecutrix.

A: I actually left from my office at Trans Amadi but it wasn’t to see her. It was a coincidence that I ran into her at the supermarket in Igwuruta.

Q: How many times have you patronised that supermarket?

A: Just once before the day in question.

Q: So you’re not really a proper customer of the supermarket.

A: I now am.

Q: But when you went into the supermarket on the date in question, it was your second time.

A: Yes.

Q: And yet you drove all the way from Trans Amadi to Igwuruta just to buy a carton of juice.

A: I was a bit distracted when I left my office and I drove the distance in order to clear my head. I had already suspected that Laide lived in Igwuruta and I guess I hoped I would run into her. And no, I didn’t buy just a carton of juice.

The Prosecutor raised an eyebrow dramatically.

Q: You have just told this court that you suspected that the Prosecutrix lived in Igwuruta. Please tell this court the basis of your suspicion.

A: I had seen someone who looked just like her within the vicinity when I stopped at the NNPC filing station to buy fuel on my way back from Benin a few weeks earlier.

Q: What did you do when the Prosecutrix walked into the supermarket?

Please don’t say that you hid, Kaira silently entreated him. She had told him to answer the prosecutor’s questions truthfully but that had to be done with common sense. She had also told him to listen carefully before answering any question and to seek clarification if he did not immediately understand a question.

A: Nothing. She didn’t see me and so I just waited for her to leave.

Q: You hid from her

A: No I didn’t. I just didn’t move over to where she was to say hello.

Q: No, you had your plans for her and that did not include being rudely dismissed at the supermarket.

A: That was not even an option.

Q: You knew she would never have willingly parted with the directions to her home.

A: I never asked her for it.

Q: It was late at night and you followed a single young woman home without her knowledge.

A: I wasn’t thinking at the time.

The prosecutor scoffed. ‘No, your loins were at work.

Kaira’s objection was sustained.

Q: After you satisfied your curiosity in wanting to know where she lived, you didn’t immediately leave, did you?

A: No. I knocked on the door.

Q: You knocked on the door of a woman who hadn’t kept in touch with you since she resigned from your employment knowing it was late at night.

A: We had worked closely in the past and so I knew from experience that she wasn’t an early sleeper. I just wanted to say hello. Remember we did not part as enemies.

Q: And yet she didn’t keep in touch.

A: I didn’t expect her to.

The Prosecutor snorted. ‘Of course. After all the attraction wasn’t mutual but was all in your head.’

Kudos to Koje for ignoring that remark made to bait him.

Q: Besides the carton of Chivita, what else did you buy?

There was a little hesitation before Koje answered.

A: Two loaves of bread, Kellogg’s cornflakes, green tea, a bottle of wine and toiletries.

Q: And would it be right to say that the bottle of wine was the same one found at the scene.

A: Yes but it wasn’t intended for that purpose until I saw Laide.

Q: That’s the Prosecutrix.

A: Yes.

Q: I suggest to you that the bottle of wine was bought with the Prosecutrix in mind.

A: No, it wasn’t. I bought it before I even saw her in the supermarket.

Q: But you were anticipating seeing her since you suspected she lived within the vicinity.

A: The wine was for me to take once I got home. It was a mere coincidence that I saw her.

Q: You went to the home of the Prosecutrix with the provisions you had bought apart from the carton of Chivita, that is correct?

A: No. I only went with the wine.

The prosecutor nodded his head and looked around the gallery for effect as though to make sure the audience was following his line of cross-examination.

Kaira shrugged. It didn’t mean anything. A man crazy about a woman sees her, forgets about the rest of his shopping in a bid to follow her and takes just the wine along with her. She understood how it could be given double meaning but the Prosecutrix hadn’t alleged that the wine had been drugged so it didn’t make a difference.

The Prosecutor smiled at Koje as a cat would before scratching your face with its claws. ‘Of course you did. After all, this was going to be your lucky night.’

Kaira saw Koje take a few deep breaths and slowly exhale with each breath.

‘Mr Pepple, please stop trying to bait the witness,’ Justice Oyolu warned the prosecutor.

Kaira rejoiced inwardly. In another setting, she would have stuck out her tongue at the prosecutor.

‘I’m sorry my Lord,’ the prosecutor apologised.

Q: You have told this honourable court that you shared a kiss with the Prosecutrix and left her apartment.

A: Yes.

Q: Who initiated the kiss?

A: I did.

Q: What kind of kiss was it? Short, long or deep and sensual.

A: Deep

The prosecutor smiled once more.

Q: It will be correct to state that you had an erection as a result of the ‘deep’ kiss.

Koje hesitated for the second time that day. It was a necessary question and Kaira couldn’t object without looking stupid. Now, all the eyes in the courtroom where on Koje and there was a bit of murmuring.

A: Yes

Q: Who brought an end to the kiss?

If Koje had brought an end to the kiss, it would have been easy to believe he quickly left the Prosecutrix’s apartment because he was afraid of what might happen if he didn’t. But if it was the other way around…

A: The Prosecutrix.

Koje’s voice wasn’t audible as he seemed to realise the implication of his answer.

‘And what is your answer?’ the judged asked.

A: The Prosecutrix ended the kiss.

The prosecutor asked a few more questions, confronting Koje with Exhibit G, his statement made to the police and Koje was able to clarify to the best of his ability the missing portions and why it was so but not completely, as was to be reasonably expected. However, there were no ambiguities that would have called for re-examination.

Koje was discharged from the witness box.

‘We would be fielding DW2 on Wednesday, my Lord,’ Kaira informed the court.’

‘Also come with DW3.’

‘We’ll do that my Lord.’

The judge nodded and bent his head to write in the record book.

‘This case is hereby adjourned to 18/1/2017, 19/1/2017, 7/2/2017 and 8/2/2017 for hearing,’ the judged announced.

‘As the court pleases.’

Kaira followed the prosecutor out of the courtroom.

‘I’ll come to the office tomorrow so we can sort out those documents we discussed about yesterday,’ she told him.

‘I’ll be in the office anytime from 12pm.’

‘I’ll see you then. And before I forget, you still owe me lunch from that afternoon when we worked on Salisu’s case file.’

‘Haba,’ Pepple Esq laughed, ‘I bought you meat pie and coke na.’

‘That wan na food ? A whole oga like you! No fall my hand o . The food has even gained interest sef .’

‘No wahala. Just send me your preference ahead of time so that I can place an order.’

‘Better person. I’ll call you tomorrow before I come around.’

Koje waited for Kaira, his expression unreadable. Kaira was glad Pepple had started and concluded his cross-examination on the same day. Although counsel’s final address could not in law take the place of evidence already before the court, it could serve as a guide in resolving the issues before the court. And so she would utilise it in drawing the court’s attention away from few lapses in Koje’s evidence. She tapped Koje gently on the left arm, drawing his attention away from the retreating figure of the prosecutor.

‘Thanks for today,’ he told her. ‘I have a meeting with the KTQ Transport manager in half an hour’s time.’

‘No problem,’ she responded. ‘Don’t forget to come around the office tomorrow afternoon. I want to have another interface with your witnesses ahead of the trial on Wednesday.’

‘Will do.’

‘Enjoy your day.’

‘You too.’

No teasing, no romantic gesture. Just ‘you too’ and then he was walking away! Someone was definitely taking this counsel-client thing serious!

‘He won’t be coming to the office today, would he?’ Isoboye asked Kaira as they walked down the staircase.

‘Who?’ Kaira asked, distracted.

‘Mr Quadri.’

‘No. The interface with the other witnesses is tomorrow. Why do you ask?’

‘Oh, no particular reason,’ Isoboye responded with a knowing smile and began to walk ahead of Kaira.

Kaira recalled Rashidat’s words about the office rooting for Koje as her groom. Was her love-life so terrible that it was now a subject of discussion even in the office? She had to find a date soon before she actually started considering Koje as a future spouse.

*******

On Wednesday Idris Adamu the suya seller gave his evidence stating that the Defendant had deposited N3000 for chicken suya and informed him that he would be back for it. He had returned as promised and picked up the suya. Under cross examination he stated that he was not aware of the time the Defendant had returned since he had not have a wrist watch but the Defendant had crossed over to the side of the road and gone into the supermarket there. He remembered the Defendant who was not a regular customer because of the amount of suya the man has bought. After all, it wasn’t every day that a customer bought that amount of suya.

Idara Archibong was called next as DW3. She was in her early twenties and had been working in the supermarket for about four months before the date of the incident.

Q: On the date in question, is it correct to say that the supermarket made a lot of sales?

A: Yes. We had a lot of customers.

Q: The Defendant was one of them.

A: Yes

Q: Do you remember everyone who came to the supermarket.

A: Just the regular customers.

Q: Was the Defendant a regular customer?

A: No.

Q: And yet you remembered him.

A: Of course I did. He gave me a ride to my junction and did not ask me out like a lot of men would have done in the circumstance.

Q: At what time did he take you home?

A: The Supermarket closes by 10pm, so that should be a few minutes past 10. He bought a carton of Chivita and picked up the provisions he had left when he stepped out earlier.

Q: You mean when he went after the woman who had come into the supermarket earlier?

A: Yes.

Q: What time did he go after her?

A: I’m not sure. I wasn’t looking at the clock.

Q: But you saw him leave with a bottle of wine.

A: Yes.

Q: And you didn’t think that his leaving with a bottle of wine while leaving every other thing behind was strange?

A: No. He assured me that he would be back before we closed for the day. And he had already paid for everything.

Q: What was his state of mind when he returned to the supermarket?

A: He looked a bit unsettled. I wasn’t sure if I should remind him of the things he had forgotten.

Q: What do you mean by ‘unsettled’?

A: He looked as though he had been running.

‘That was all for the witness,’ the prosecutor told the judge.

There was no re-examination.

‘The defence wishes to close its case,’ Kaira announced after Idara left the witness box.

‘In view of the indication of the defence to close its case,’ the Prosecutor said to the judge, ‘we would be prayerfully requesting for the subsisting dates to be vacated and for a date to be given for adoption of final addresses.’

‘Order granted as prayed. The Defendant has 14 days to file and serve his final address on the prosecution. The prosecution has 14 days from the date of service of the Defendant’s final address to file and serve its final address on the Defendant. Upon service of the Prosecution’s final address, the Defendant has 5 days to file and serve his reply on points of law on the Prosecution. Give me a date not later than forty days from today.’

Kaira walked over to the prosecutor and they agreed on the 28/3/2017.

‘The suit is hereby adjourned to the 28/3/2017 for adoption of final addresses.’

To be continued

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