By: Hafsatu Z Bangura
Mohamed Dumbuya and Haja Adama Dumbuya appeared before Justice Ivan Sesay of the High Court No.1 in Freetown on an 8-count charge of offences of conspiracy to commit Human Trafficking, Manslaughter and cruelty to children.
A Kamara in his Address to the court said the Prosecution claimed that on diverse dates between the 1st January to the 31st December 2006 both accused persons committed the offence of Manslaughter, Cruelty to children and various human trafficking offences as he said the Prosecution called 5witnesses including 2 police officers to prove their case against the accused persons.
He went on that First Prosecution Witness (PW1) during her examination in chief, testified that she is the mother of one of the alleged victims Mohamed Dumbuya and the stepmother of Amara Dumbuya and sister-in-law of Memunatu Mansaray.
According to her testimony said defence counsel for the accused persons said the first accused is her ex-husband and the second accused is her mother in law as she informed the court that sometime in 2004 she was informed by her son that they are travelling abroad the following day.
He continued that in her testimony she claimed that both accused persons are planning to take both Amara Dumbuya and Mohamed Dumbuya (children) out of the jurisdiction without her knowledge and on the information given to her by visiting the home of the second accused person in the early hours only for her to get there as she said the second accused and the children have departed to the Kissy ferry terminal en route to Lungi Airport she told the court that she left immediately with her brother to the Kissy ferry terminal where she met the second accused and the three victims inside the ferry.
He said PW1 further testified that at the Airport while she was trying to pursue the second accused and the victims she had an attack when she was subsequently taken to a herbalist for treatment and said on her return from the herbalist realized that the victims had already departed to a foreign destination unknown and informed the court also that on the return of the 1st accused years later she approached the accused about his child but received no clear answer from him and she had to report to the police for their intervention.
A Kamara Esq in his address to the court on various counts said in count 1 the accused is charged with Manslaughter contrary to law for killing Mohamed Dumbuya and Amara Dumbuya in Italy on diverse dates he said for the accused to be found guilty of the offence of unlawful manslaughter the Prosecution must establish the following elements that the accused carried out the Act, that the Act must be unlawful or criminal, that the Act must be dangerous and that the Act must have caused the death of the victim.
He continued that in respect of the elements that there is nothing in the evidence to suggest that the first accused did any physical Act to have caused the death of Mohamed Dumbuya and Amara Dumbuya and further stated that there is no evidence to suggest that Mohamed Dumbuya and Amara Dumbuya are deceased as he said that there is neither a death certificate of the alleged victims in evidence nor is there any evidence adduced by the Prosecution to suggest that the alleged victims are dead.
He said the Prosecution failed to prove their case against the first accused person on these counts and respectfully submitted that the accused be acquitted and discharged on counts 1 and 2.
He furthermore went on that the Prosecution failed to prove the elements of conspiracy against the accused persons as he said the statement of the second accused controverted that of PW1 that she was never part of the travelling arrangements for the kids.
He said also that the complainant was living together with the 1st accused happily after he was deported from Holland at the residence of the 2nd accused when they later moved to their residence and that PW1 never reported the matter to the police until almost 10 years after the children left Sierra Leone as this happened after the relationship turned sour thereby indicating malice from the complainant PW1 to report the matter to the police and that there is nothing in the evidence to show that the children were either exploited or transported abroad for exploitation making it difficult to find the accused person guilty of the offence of conspiracy and submitted that the accused person be discharged and acquitted of the offence of conspiracy to commit Human Trafficking.
A Kamara Esq also submitted that counts 4 and 5 be struck out and that counts 6,7 and 8 that the Prosecution failed to adduce any evidence against the accused persons on counts 6,7 and 8 of the indictment.
He concluded that the motive of the witness to report the matter to the police was of good faith but that as the responsible mother who testified she was not informed of the alleged victims travelling had the opportunity to report at the Kissy terminal or the Airport on signs of the activities of the travelling victims and that only after the relationship turned sour when the accused asked the Prosecution Witness to leave his house that she revenged against the accused by reporting the matter after ten years.
According to the statement of offence on count 1 Manslaughter contrary to law and the particulars of offence read that the accused person Mohamed Dumbuya on a date unknown between the 1st January and 31st December 2006, at Italy, unlawfully killed Mohamed Dumbuya(his son).
On count 2 the statement of offence Manslaughter contrary to law and the particulars states that the accused person Mohamed Dumbuya on a date unknown between the 1st January 2006 to the 31st December 2006 in Italy unlawfully killed Amara Dumbuya (also his son).
Count 3 Conspiracy to commit trafficking contrary to section 18 of the Anti-human trafficking Act, 2005 and the particulars of offence states that the accused persons Mohamed Dumbuya and Haja Adama Dumbuya on the 1st January to the 31st December 2006 on diverse dates at Freetown in the Western Area of the Republic of Sierra Leone Conspired together and with other person’s unknown to commit a trafficking offence.
On count 4 the statement reads Engaging in trafficking in persons- contrary to section 2 (2) of the Anti-human trafficking Act of 2005 and its particulars states that the accused persons Mohamed Dumbuya and Haja Adama Dumbuya on a date unknown between the 1st to the 31st December 2006 at Freetown in the Western Area of the Republic of Sierra Leone transferred Mohamed Dumbuya, Memunatu Mansaray and Amara Dumbuya by the abuse of power, for exploitation in Italy.
Count 5 of the indictment of the statement of the offence of both accused persons Engaging in trafficking persons contrary to section 2 (2) of the Anti-human trafficking Act of 2005 and its particulars of offence reads that Mohamed Dumbuya being a parent of Mohamed Dumbuya and Amara Dumbuya on a date unknown between the 1st January 2006 and 31st December 2006 at Italy, in the Republic of Italy, received the said Mohamed Dumbuya, Amara Dumbuya and Memunatu Mansaray by the abuse of power, for exploitation in Italy.
Furthermore, on count 6 the statement of offence Cruelty to children contrary to section 4 cap 31 of laws of Sierra Leone and the particulars of offence reads that the accused person Mohamed Dumbuya being a parent in charge of Mohamed Dumbuya and Amara Dumbuya on a date unknown between the 1st January to the 31st December 2006 at Freetown in the Western Area of the Republic of Sierra Leone exposed Mohamed Dumbuya and Amara Dumbuya to be neglected in a manner in a manner likely to cause them unnecessary suffering.
On count 7 the statement of offence Cruelty to children contrary to section 4 cap 31 of laws of Sierra Leone 1960 and the particulars states that Mohamed Dumbuya being a parent in charge of Mohamed Dumbuya and Amara Dumbuya on a date unknown between the 1st January 2006 to the 31st December 2006 at Freetown in the Western Area of the Republic of Sierra Leone exposed the said Mohamed Dumbuya and Amara Dumbuya to be abandoned in a manner likely to cause them unnecessary suffering.
And on count 8 statement of offence Cruelty to children contrary to section 4 cap 31 of laws of Sierra Leone and the particulars of the accused persons states that Mohamed Dumbuya and Haja Adama Dumbuya having the care of a child, to wit Memunatu Mansaray on a date unknown between the 1st January to the 31st December 2006 at Freetown in the Western Area of the Republic of Sierra Leone caused the said Memunatu Mansaray to be abandoned in a manner likely to cause injury to her health.
The State Prosecutor was J. S Tucker Esq and representing both accused persons A.Kamara.
The matter has been adjourned to the 7th July 2022 for Judgement.
