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Crime & Punishment of Wednesday, 18 September 2024

Source: starrfm.com.gh

Taxi driver jailed for life for murdering his girlfriend

File photo File photo

Paul Evename, a 35-year-old taxi driver, has been sentenced to life imprisonment for murdering his girlfriend, Jennifer Atieku, a 20-year-old UPSA student.

This was after the jury delivered a unanimous 7-0 verdict, finding him guilty of intentionally killing Jennifer after she threatened to end their relationship.

EIB Network’s Legal Affairs Correspondent, Murtala Inusah, reported that the convict, who had accepted the verdict, apologized to both families and acknowledged his wrongdoing.

However, he requested time to heal from a wound before sentencing.

“All I will say to the family of the victim (deceased) and my own family members is that I have wronged everybody, and I have also disappointed them, so I pray that they forgive me. And I have accepted the guilty verdict,” the convict told the court before his sentencing.

“I thank the Court and the Jury for the decision. I accept the guilty verdict, but I pray to the honorable court that I am not fit myself. I have a wound on my body, so I pray to the court to give me some time to heal. I have a wound on my body and pray the court considers my sentencing.”

Sentencing

Justice Lydia Osei Marfo, while expressing sympathy for the loss of two young lives, stated that the court had no discretion under the law but to impose life imprisonment.

“Today (Wednesday, September 18, 2024), I am confronted with a situation which is very difficult to make a decision about two young people whom, in principle, their family and Ghana have lost.

“One is dead and the other, though alive, his freedom has to be taken away from him till he dies in prison custody.

“Painful as the death of Jennifer, the young lady in question, is and the need to do justice as the case demands, I wish it lies in my power to give a punishment to the convict other than for life. Unfortunately, I do not have the discretion under the law to do anything other than what the law says, which is imprisonment for life. I hereby sentence the accused person to life imprisonment. I wish him the best,” the judge stated.

The case began in 2015 when Evename, then 26 years old, stabbed Jennifer, 20, multiple times at her hostel after she decided to end their five-year relationship.

Prosecution

The prosecution, led by Principal State Attorney Seth Awere-Opanyinyena, said they presented hardcore evidence, including testimony from five witnesses, to prove Evename’s guilt beyond a reasonable doubt.

In his final conclusion, he pointed to the Biblical scriptures and directed the jurors to Proverbs 17:15 and Hebrews 9:27.

Proverbs 17:15 (NIV) states: “Acquitting the guilty and condemning the innocent—the Lord detests them both.”

Hebrews 9:27 (NIV) states: “Just as people are destined to die once and after that to face judgment.”

Self-Defence

In contrast, Defense Counsel Mumin Mashood argued that Evename acted in self-defense, citing the couple’s loving relationship and Jennifer’s decision to curtail it.

He submitted that the relationship between his client and Jennifer Atieku (deceased) was “one of love, not hate.”

He said the prosecution was unable to prove the case of murder but an act of self-defense in the midst of danger.

Counsel told the jury that his client had to protect his own life and “this took a tragic end beyond his control.”

While responding with Bible quotes from John 8:7–11 (King James Version), he said things have happened, but it is unfortunate that things have happened the way they happened.

He concluded that the prosecution’s case is not conclusive that the accused killed the girlfriend deliberately, for which he should be convicted of murder.

Summing up

In summing up, Justice Marfo directed the jury by recounting all the evidence and testimony of the parties, the law involved, and its application.

The Court, while directing the jury, said their verdict must be based on their consideration of the evidence heard in the courtroom and not outside the courtroom.

The Court said per the amendment law, their verdict must be a 7-0 unanimous decision or 6-1 or 5-2 for his guilt to be determined.

The Court also reminded them that previously the offense of murder carried the death penalty, but now section 46 has been amended to life imprisonment.

Brief facts

Per the brief facts, the Complainant is the caretaker of Obama Hostel near Rawlings Circle/Madina Polyclinic, while the deceased Jennifer Atieku, aged 20, was a level 300 Banking and Finance student of the University of Professional Studies—Accra and an occupant of the above-mentioned hostel.

The facts stated that the accused, Paul Evename, aged 26 (now 35), is a taxi driver and a resident of Kotobabi, a suburb of Accra.

The prosecution states that the accused and the late Jennifer Atieku were in a relationship for almost five years.

But, “there has been some misunderstanding between the two, and as a result of that, deceased Jennifer Atieku decided to blacklist the phone number of the accused, making it impossible for the accused to reach the deceased on the phone."

“This action by the deceased aggravated situations, so on 10/11/15, between the hours of 8:30 p.m. and 9:00 p.m., the accused drove his taxi cab with registration No. GG.2108-15 to the university campus where the deceased was having lectures and waited for her at the back gate of the university.

“Later, deceased closed from lectures and whilst walking home in the company of three male students, accused called her but she did not bother him,” the brief facts stated.

The prosecution said the three male students departed company with deceased Jennifer Atieku, and the accused went to her and asked why she had refused to pick up his earlier calls and why he could not reach her on the phone of late.

“Deceased Jennifer then remarked that he has been disturbing her and his actions disrupt her studies, and for that matter, she feels the relationship should be curtailed so that she concentrates on her studies.

“This statement did not go down well with the accused, so he threatened to end her life within a period of three days.

“The deceased called her elder brother, one Fred Atieku, who was sponsoring her education, and told him about the threats the accused had put to her,” the Court informed.

First arrest
It said the brother then rushed to the university campus in a chartered taxi cab, and after confirming what his sister (now deceased) had told him on the phone, he picked her up at Legon Police Station, where they formally lodged a complaint with the police against the accused.

“In that process, the accused traced them to the Legon Police Station in his taxi cab, and they identified the accused to the police as the person who threatened to end the life of the deceased.

“The accused was subsequently arrested and detained. He was admitted to police enquiry bail the following day, 11/11/15, at about 12:00,” the court was told.

The prosecution said that on November 12, 2015, at about 7:30, the “accused procured a new sharp kitchen knife and drove his taxi cab with the kitchen knife in it and went to call the deceased after knocking at her door at the hostel.”

“When the deceased noticed that it was the accused, she chuckled at him and said she was preparing for lectures.

“This infuriated the accused, and he quickly went back to his taxi cab, picked up the kitchen knife, and hid it in his trousers. The accused then went to the deceased and told her one Hajia who has been mediating between them was in the taxi and wanted to talk to her,” the prosecution stated.

“The deceased, upon hearing the name of Hajia, then came out of her hostel room only to be attacked with a knife by the accused,” the brief facts stated.

It stated that Jennifer (deceased) “ran around the kitchen and was chased up by the accused, who later caught her in the corridor of the hostel, where he stabbed her on the right side of her throat, left side of her breast, and on the head with the knife, leading to her instant death.

“Even though the deceased shouted for help, no one came to her aid, and after the act, the accused decided to end his own life and subsequently stabbed his abdomen twice with the same knife and fell unconscious.

“Occupants of the hostel who later rushed out and found both parties lying down in a pool of blood picked them to Pentecost Hospital, Madina, where Jennifer was pronounced dead.

“The accused was admitted and operated upon, making police place guard on him until he was treated and discharged on 28/11/15,” the Court heard.