Emmanuel Ukudolo l Wednesday, March 29, 2023
LAGOS, Nigeria – A forensic pathologist and clinical forensic physician, Dr. Uwom Eze today demonstrated that the report of medical examination carried out on the 16 year old victim of Dr. Femi Olaleye at the Mirabel Centre, Lagos State University Hospital, LASUTH and does not conform with World Health Organization (WHO) guidelines on clinical examination of survivor of sexual assault.
The pathologist was testifying as defence witness based on medical report presented by Dr Oyebimpe Akinbunmi of the Mirabel Centre, who carried out examination on the vagina of the 16 year old niece of the wife of Olufemi Olaleye, the Medical Director of Optimal Cancer Care Foundation.
Eze is the chief consultant and head of Forensic Medicine Unit, Department of Pathology, University College Hospital, (UCH), Ibadan. He was led in evidence by Mr Olusegun Fabunmi, SAN before an Ikeja Sexual Offences and Domestic Violence Court.
He said he received a letter from Olufab Law Firm on March 25 to carry out a medical review on the medical report from Mirabel Medical Centre, (a sexual assault referral centre) presented by Akinwumi 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.
“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 preexisting 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 that whether the oral sex took place in the four alleged sexual penetration”.
He also said that 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 documented.
The specialist said that he observed that the survivor was 18 years.
“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 showed 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 why the DNA test was not carried out. The profoma is deficient and does not conform with World Health Organization (WHO) 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, thigh 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 if there was ejaculation or not to ascertain if the cloth of the survivor can be used for examination or not,” he said.
