A Federal High Court in Yenagoa on Tuesday declined to admit a computer printout of WhatsApp communication between a retired Permanent Secretary in Bayelsa and his alleged blackmailer judge.
The Department of State Services (DSS) had on Oct. 18 arraigned a teenage gir before the court on a one count charge of cyber-stalking.
The prosecuting counsel, Mr Victor Uchendu, had told the court that the defendant engaged in cyber-stalking by circulating the retiree’s nude picture on a Whatspp group.
Uchendu had on Oct 21, sought to tender the print-out of chat messages from the mobile phone of the retired Permanent Secretary as evidence before the court but the move was opposed by Defense Counsel, Arthur Andrew.
Ruling on the admissibility of the print-out, an electronic evidence, Justice I.H. Ndahen, the trial judge, while admitting that the evidence although relevant court not be admitted because of disparity in the models of mobile phone used.
The judge noted that while the Retired Permanent Secretary in his oral evidence said that his mobile phone is a Samsung Galaxy A5 but the certificate of compliance accompanying the print-out read Samsung Galaxy A7.
He therefore ruled that the evidence did not meet the criteria for admissibility for computer generated electronic evidence as stipulated in section 48 of the Evidence Act.
The court then proceeded into the trial, where the counsel, Mr Victor Uchendu, led the retired Permanent Secretary, who had written a petition to the DSS, to conclude his evidence before the court.
The retired Permanent Secretary, Dr Walton Liverpool, 60, tendered the nude video of himself sent to him by yet to be identified blackmailers in a Compact Disc before the court.
The video was played in the open court after which the Ex-permanent Secretary was cross examined by Defense Counsel.
The judge adjourned the case until Dec. 16 for continuation of trial.
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