September 8, 2021
By: Francis F.M.Harding
The Leader and Chairman of the Alliance Democratic Party (ADP), Mohamed Kamarainba Mansaray appeared in court wrapped in a mixed color blanket and wore cold cap, with black socks and locally made slippers and was assisted by two Prison officers to access the court, while another officer was holding a bucket which he uses to disgorge.
The ADP Leader was alleged to have sexually penetrated a fifteen year-old-girl appears before Justice Samuel O Taylor at the Modern Sexual Penetration Court in Freetown on 7th September, 2021. The accused person is before the court of seven counts charged according to the Sexual Offense Act of 2019.
Both accused persons (Mohamed Kamarainba Mansaray and Marion Kamal Arouni) are facing seven counts related criminal charges, ranging from conspiracy, sexual penetration, meeting a child for sexual purposes, to aiding and abetting contrary to the Sexual Amendment Act of 2019.
In his submission, the defense counsel for the first accused person (Mohamed Kamarainba Mansaray), Lawyer Emmanuel .S. Abdulai said he want to intimate the court that most of their witnesses are coming from the provinces and they are constrain to have witness for this proceeding.
Defence lawyer Abdulai gave the health status of the first accused person and requested for bail for the accused persons in custody. At this point he reiterates the application for bail for both accused persons. He added that it is because of this case that most of them are here to see the speedy trial as most Lawyers should have gone for vacation. He said both accused persons will able to take care of themselves and at the main time they will be attending the trail. For the second accused person Marion Kamal Arouni, he said she is a mother of two children who have not been seeing their mother for a long time and the judge must look into that.
He adopted all other bail application made so far of the court as he cannot remembered how many times they have made bail application for both accused persons as he does not want to borders the judge as they spent hours to make their bail application. Lawyer Abdulai referred the bench to section 79 sub-section 2 and 3of the Criminal Procedure Act 1965 on behalf of his colleagues representing both accused persons. He said the judge passed an order on the 21st September, 2020. He pleaded to the bench for reasonable bail condition for both accused persons.
It could be recalled that on the 14th February, 2020, on Valentine Day, in Kono District in the Eastern Province of Sierra Leone, Mohamed Kamarainba Mansaray sexually penetrated a 15 year old girl, which is prohibited by the Laws of Sierra Leone. The second accused person Marion Kamal Arouni conspired with other unknown persons to commit the offense of sexual penetration.
In her submission, the State Prosecutor Umu Sumaray said having heard about the bail application made by Lawyer Abdulai on behalf of the both accused persons she said though the application is scanty and that the prosecution at this stage is not opposing to bail but she want his lordship to take judicial notice of the fact that even with the accused persons being incarcerated this matter should not proceed as fast it could. The State Counsel added that she wishes to see the logical conclusion of this matter. Prosecutor Sumaray said she is not opposing to bail at this stage but they are apprehensive for the future of the case how it would progress whether for the good or better. The State Prosecutor said granting bail should not make this matter impossible to come back to court.
However, Justice Taylor said that it is also unfair to the bench as the defense counsels have not been dealing with the case with seriousness and up till now they have not yet completed their evidence. However, the judge granted both accused persons bail. Justice Taylor read that the first accused person is granted bail in the sum of one hundred million Leones (Le100, 000, 00), two sureties in like sum and should stay in the Western Area and one must be a title owner.
He continued that Kamarainba must avail himself three times a week to the Court Registrar and must tender all travelling documents to the court, while the second accused person is granted bail in the sum of one hundred million Leones, with two sureties residing in the western area and must avail herself three times to the Court and must tender all travel documents to the court. To produced passport for both sureties and the second accused person.
The State is represented by Umu Sumaray while Lawyer A. Koroma, E.S Abdulia, J.M. Jengo and S.M. Konteh representing the accused persons. The matter has been adjourned to the 14th September, 2021 at 2PM.