A forensic pathologist and clinical forensic physician, Dr. Uwom Eze, has flawed the medical examination presented by Dr. Oyebimpe Akinbunmi against the Medical Director of Optimal Cancer Care Foundation, Olufemi Olaleye, charged with defilement of his wife’s 16-year-old niece.
Eze is the Chief Consultant and Head of Forensic Medicine Unit, Department of Pathology, University College Hospital, UCH, Ibadan.
The forensic pathologist is the first defence witness.
He was on Wednesday, March 29, led in evidence by Mr. Olusegun Fabunmi, SAN, before a Lagos Sexual Offences and Domestic Violence Court, sitting in Ikeja.
He said he received a letter from Olufab Law Firm on March 25, to carryout a medical review on the medical report from Mirabel Medical Centre – a sexual assault referral centre – presented by Akinbunmi to the Court.
Eze told the Court that the medical report presented by Akinbunmi did not meet the standard format in accordance with the forensic evaluation of sexual assault, as there was need for a qualified personnel to handle such medical examination.
He said: “In the medical certificate I reviewed, the medical qualification of the doctor that carried out the report was not there.
“There was no reference whether the hepatitis B, C and HIV test was carried out, which was key to the medical report. The doctor did not observe any pre-existing or abnormalities in the genital of the survivor.
“There was no documentation on the significance of the medical report. The significance of the medical examination was missing.
“There was no temporal profile that the survivor was defiled four times, as there was no indication whether the oral sex took place in the four alleged sexual penetration”.
He also said there was no mention whatsoever about the temporal profile as pill allegation is a very serious one. Some questions such as how many pills, what colour was given to her. The doctor did not also document if the pill was given to her in all the four rounds of sexual escapade the survivor allegedly had with the defendant.
The witness further told the Court that the profoma was that of an adult and not of a child, adding that the normal procedure was that the medical report must be document.
The specialist said he observed that the survivor was 18years.
“We have to treat such age as adult. the doctor, who wrote this report was very clear about this report that there was ‘repeated forceful blunt penetration’ as a medical expert.
”I looked through the report to see the significance of the medical certificate but there was no evidence documented as it shows that there was bruises on the survivor’s vagina.
“There was no documentation of swab from the mouth of the survivor that could make us establish contact with the alleged penetration and there was no reason the DNA test was not carried out.
“The profoma is deficient and does not conform with World Health Organization, WHO’s guidelines on clinical examination of survivor of sexual assault.
“The WHO states that all the parts of the body must be included, from mouth, breast, tigh and other parts of the body must be documented in the medical certificate.
“The golden time for presentation is the first 72 hours because when penetrative sex is alleged, what a qualified proforma will ask is if there was ejaculation or not to ascertain if the clothe of the survivor can be used for examination or not,” he said.
While being cross-examined by the State Lead Counsel, Mr Babajide Boye, the medical examiner told the Court he did not charge for the consulting service, adding that he reviewed the case due to public interest .
He said he was not opportuned to see the survivor and did not have information on the competence of the doctor.
The pathologist also said he did not have a contrary date of birth of the survivor.
“I submitted the reviewed medical certificate on March 27 to Olufab Law Firm. The medical report does not include a standardised documentation but my own format conforms with WHO.
“The best person to interpret medical report is the person who knows and understands the content of the report and in most case, it is the person who wrote it.
“I am aware that a medical colleague is involved in this case. I recommend UCH format because we examine our clients according to format.
Another witness, a friend of the defendant of 40 years, Mr Oladende Bakare, told the Court that Olaleye was not capable of committing the alleged crime.
Bakare said he had been managing the defendant’s clinic while he was abroad and that Oluremi called him sometimes in 2021 that the defendant was in the station.
“When Remi (defendant’s wife) told me Femi was arrested for sexually assault, I told her it was not possible because Femi had stayed in my house before and i have two daughters. In fact, my second daughter did her NYSC at his clinic and she never mentioned she was molested by my friend,” he said.
While being cross-examined by Boye, the witness said he had never seen the survivor and when he asked the defendant’s wife about her, she said the girl had been taken to her aunt’s.
“My wife even asked Remi if she was sure it was not a set up because when I got to the station, I did not write any statement. The DPO of the station said i should meet Femi’s wife because she is the one who has solution to the problem. At that time, he had been in the station for five days.
“I am not aware of any sexual case against Femi apart from this because the wife told me that my own secret will soon be in the open and immediately she said that to me, I informed my wife,” he said.
Bakare further said he was not aware that the defendant had sexual case in the UK and that he knew one, Folake Ajanaku, the former wife of the defendant.
“I am not aware that Folake had sexual assault case against Femi. I did not see any viral video of the alleged sexual assault except the one I read on social media from Princess the comedienne.
The wife of the defendant, Mrs Aderemi Fagbemi-Olaleye, on December 19, 2022, told the Court that her husband was diagnosed with sex addiction.
A forensic expert at the Mirabel Centre, Lagos, Mrs Oyebimpe Akinbunmi, and Insp Esther Igbineweka testified against the Medical Director on January 4.
The alleged offences violate Sections 137 and 261 of the Criminal Law of Lagos State, 2015.
Justice Ramon Oshodi adjourned the case til April 26 for the continuation of trial.