Lawyers React As Suspected Serial Killer Accuses Police Of Collecting N60,000, Wrist Watch
Reactions have continued to trail allegation by Gracious David West last week the alleged popular serial killer that men of Rivers State Police Command collected his sixty thousand naira and wrist watch shortly after his arrest in September, 2019.
In his reaction to the allegation made by Gracious David West against the police, Barrister Festus Bonwin, a legal practitioner based in Rivers State said, “generally every suspect is presumed innocent, section 36(5) of the constitution.
Property of an accused is not supposed to be seized by the police except where such property is an exhibit, but even if it is such exhibit at the time of prosecution ought to be in custody of the court.
Barrister Bonwin revealed that the lawyer of such suspect can also get the property of the accused by activating section 36(6)b and relying on the case of Okoye &ANR V. COP (2015)6 SCP.164.
He argued that where such property does not reflect on the charge or constituted part of the crime, the position of the law is that it remained the property of the owner and not that of the police.
In his own reaction, Barrister Christian Chijioke Woke (Esq.) said “They cannot give the property to him if they are exhibit to tender during trial.
In her own reaction, Barrister Mercy Christopher (Esq) explained that it is in the discretion of the court to order that the money and wrist watch be returned to him.
The law provides that the court ‘may’ order that the property be restored to either him or to such other person as he may direct, the legal practitioner stated.
Meanwhile, the spokesperson of Rivers State Police Command, DSP Nnamdi Omoni in his response said “those were exhibits recovered from him and they will be tendered in evidence during trial”.
Gracious David West, suspected serial killer had told Justice Aldophus Enebeli of seizure of his personal belongings alleged when he was arraigned last week. The suspected serial killer had pleaded guilty to nine count charges of murder out of ten.
