A 23-year-old traffic warden, Eyitayo Sunday, was on Thursday, arraigned before anÂ Akure Chief Magistrate’s Court on a one-count charge of murder.
He was alleged to have committed the crime on Sept. 10, 2010 at Igodan in theÂ Okitipupa Magisterial District when he strangulated a three-day-old baby boy toÂ death.
The offence, according to Police Prosecutor, ASP. Amos Ifedayo, was contrary toÂ Section 316 (6) and punishable under Section 319 (1) of the Criminal Code, Cap.30,Â Vol. II, Laws of Ondo State, 1978.
When the case came up for hearing on Thursday before Chief Magistrate Z.O. Egbunu,Â Ifedayo said he had four witnesses to call in the case to prove the prosecutionâ€™sÂ case.
However, counsel to the accused person, Mr. K.S. Adegun, urged the court to reviewÂ the charge.
Adegun said the charge should be manslaughter and not murder because the victim wasÂ the son of the accused person.
He said since the act was not intentional, the court had power to review a charge ifÂ the charge was not properly made to reflect the true nature of the offence.
Adegun urged the court to change the offence from murder to manslaughter.
Egbunu in his ruling ordered theÂ Investigating Police Officer (IPO) to makeÂ duplicate copies of the case file and forward same to the DPP for legal advice.
The magistrate, while adjourning the matter to Nov. 30, ordered that the accused beÂ remanded in prison.