April 22, 2021
By: Francis F.M.Harding
13yrs-old sexual victim, who is also Police Witness (PW1), has testified before Justice Sulaiman Bah at the Modern Sexual Penetration Court in Freetown on 21st April, 2021. The victim was aided by an interpreter- Fatu Kamara who took an oath before interpreting for the victim, the court and later the dumb was put on oath.
Witness who suffers from speech deficiency (dumb) is also a pupil of one of the Schools in the East end part of the city. She has testified before Justice Bah that she knew the accused person Joseph Samuel Basssie. The witness said she recalled the 10th October, 2019 at Grafton that on this day the accused person entered her room undressed and forcibly had sex with her.
She continued that during the process she was shouting for help, it was afterwards her mother came to her secure and apprehended the accused person that was on top of the victim.
“The accused person starts to apologize for his action in front of my mother, after bitter argument with her,” witness narrated, she continues “ as I was about seating down I saw blood coming out of my private part.” The witness said she felt pain; while she and her mother went to the Police Station to make statement.
At the police station they were offered a police medical request form and they went to the rainbow Centre at the Princess Christian Maternity Hospital (PCHNM) in Freetown.
After going through the medical examination at the prescribed hospital; they returned with the Police medical request form back to the station.
Under cross examination, Defense Lawyer M.S. Charles posed several questions to the victim to ascertain the veracity of her statement made to the Police and the testimony given in court. Among which the Victim said she could not tell whether the place was dark or cloudy, but that she knew the accused person before the incident.
She said she cannot recall the clothes the accused person wore on that day as it has taken long before the matter came to court, but the accused person was wearing jean. The witness said the incident did happen between herself and the accused person, and that her call for help attracted her mother to come to her aid. The Defense Counsel asked if there is church closer to the victim resident, her response was in the affirmative. She disclosed to the court that her mother and the accused person are members of the said church, and was unaware that her (Victim) mother had asked the accused person to leave the church.
The witness said statements were obtained by the police and if she sees the statement she will recognized them. Defense counsel M.S.Charles made an application pursuant to section 190 sub-sections 2 of the Criminal Procedure Act of 1965 for the prosecution to produce the statement made to the Police. However, the application was granted.
State Counsel, Alberta Kargbo represented the State while Lawyer M.S. Charles for the accuse. Matter has been adjourned to the 5th May, 2021.