On the night of July 22, 2021, at about 2am, a two months old baby was found dead in the home of her parents. There were many people in the homestead mourning the death of the baby’s paternal grandfather, who had been buried two days earlier. According to culture, relatives of the baby’s grandfather were to stay for four days in the homestead after the burial.
The mother was to testify in court that on the night in question, she sat outside with the baby and when the baby slept, she took her into the house to sleep. She kept checking on the baby periodically and closed the door every time after checking on the baby. She would thereafter return to other mourners who were by the bonfire.
The mother reported that at about 2am, she went into her house to breastfeed her baby and found the door unlocked and that the solar lamp which she had left on, was off.
She stated that she put on the lamp and saw a person coming from the net that she identified as Junior and inquired what he wanted from her house. He said he wanted to sleep but he was leaving.
The mother testified that when she lifted the baby from bed, her eyes were closed and the body was numb. She attempted to open the baby’s eyes but there was no response. She placed the baby back on the bed and hurried to call the child’s paternal aunt, who came and told her to take the child out, which she (mother of the child) did.
The baby’s aunt removed the baby’s clothes and examined her and saw blood coming from the mouth and nose. She then pronounced the baby dead.
The baby’s aunt returned the body of the child into the house and placed it on the beddings. The mother of the child, too, noticed that the child was bleeding from the nose and that the thighs of the baby were wide open.
The testimony of the mother was corroborated by that of the father, who told court that the baby was their first born. He testified that he heard his wife asking Junior what he was doing in the house.
He also added that Junior was standing nearby when the mother of the child carried the limp body outside and when Junior heard that the baby had died, he run away. Under cross-examination, the father of the child reiterated that there was bright moonlight and fire outside that enabled him to identify Junior.
Junior was a 14- year-old boy, living with his aunt in the neighbourhood. The father of the deceased had known Junior for two years, when he used to come and stay with his aunt during school holidays. Junior admitted that he was found in the house with the deceased baby, but denied killing or strangling her. He said he entered the house to rest, then took a seat, placed it in a corner and sat on it. The mother found him in the house and told him to get out, which he did and he went to the fireplace to continue warming himself.
The family called one of the local administrative assistants in the area on phone and he in turn informed the chief, who arrived in the morning. The chief informed police, who visited the scene and took away the body to the mortuary.
An investigating officer told court that when they took the body, he did not see any physical injuries, specifically, there were no injuries to the neck. The detective confessed that he did not look at the private parts of the baby. He testified that the body was in a dress and wrapped in a blanket.
He also stated that they did not establish whether these were the clothes that the baby wore when she was found lifeless. The investigators did not look for the suspect’s fingerprints on the body of the baby. To the investigators, the scene was tampered with, but they did not look for any rope that may have been used to strangle the baby.
A medical officer carried out a postmortem examination on the body the following day. Medical officers hold a basic degree in Medicine and Surgery, but do not have any specialised training yet. The doctor testified that, externally, he found blood clots in both the nostrils and upper lips of the baby and that there was a cord mark on the middle part of the neck.
According to the doctor, a rope was used to strangle the baby and that blood supply to the brain must have been interfered with. He explained that blood supplies oxygen to the brain and when the blood supply is cut off, oxygen is also cut off.
He, however, stated that the vaginal canal was open with no hymen. He said all the internal organs were normal. He concluded that the cause of death was strangulation and he based his opinion on the external examination that he conducted.
Under cross-examination, the doctor said there must have been interference with the vaginal canal, given that the hymen was open up to the cervix, which is abnormal for a baby. He also said that the anal canal was penetrated, although there was no bleeding.
If the baby had been exposed to smoke, he adds, he would have found discoloration in her airways.
Doctor’s report
According to the doctor, a rope was used to strangle the baby and that blood supply to the brain must have been interfered with. The doctor also reported the gaping of the anal opening, although there was no bleeding or wounds in the anus. He further testified that the external genitalia were normal with no bruises, bleeding or tears. He further stated that there was no signs of carbon monoxide poisoning in the body of the deceased. He further stated that there was no evidence of suffocation
To be continued...
