October 15, 2021
By: Francis F.M. Harding
The accused person Foday Kamara not his right name appeared before Justice Momoh-Jah Stevens on the 13th October, 2021 at the Modern Sexual Penetration Court for an alleged incest matter
Defense Counsel Jessie S. Tucker made an application for the accused person who now stands with the offense of incest contrary to section 10(1) of the Sexual Offenses Act 2012 Act No. 12 of 2012 be on trial by a judge a lone instead of a judge and a jury. He said this application is made pursuant to section 144(2) of the Criminal Procedure Act No.32 32 as replied and replaced by section 3 of the criminal Procedure Amended Act 1981 Act No. 11 of 1981 dated the 13th October, 2021 signed by the learned Director of Public Prosecutor. The application was granted by the judge for the judge to sit on the matter alone. The accused person is before the court on the charge of incest.
The accused person between the 1st January, 2017 and 31st August, 2020 engaged in incest with is daughter. The accused person pleaded not guilty to the offenses of sexual incest.
Testifying in court the First Prosecution Witness (PW1) a Senior Secondary School III pupil who is attending the Ahmadiyya Muslim Secondary School Rokupr Kambia is presently staying with the Don Bosco Fambul in Freetown but she resides at the Bamoi Luma Flamingo Guest House at Kambia District.
Witness said she was 16 years when the incident happened to her. She continued to say that she knew the accused person in the dock as her biological father. Witness said she can recall between the 1st January, 2017 and 31st August, 2020.
Witness said on the 1st January, 2017 that was the time my father started doing sexual intercourse to her but not directly at that time I was at Kabasa Lodge Juba Hill, Lumley. She said her father has been pushing her aside from the rest family and if she does something he will flog her and protect the others.
“One of my sisters told him that she is your child like us” said victim. Witness said one night I saw him in my room and I asked him what happens and he replied that if I am not happy to see him. She continued to say what you want; the father told said he will not flog her he is change man toward me. Witness added that her father told her to undress and she asked him for what the father said for both of them to have sex. Witness said both of them undressed to have sex. She said during the process the father spread towel on the bed and he asked me to lie on the towel and he placed his penis between her legs till he discharged sperm on my legs and later he took the towel to the birth room to wash it. Victim said he asked her father why he did that to her and the father said told her to forget about that.
“Every two to three days this has been happening and when he wants to go out he would write a short note ‘be ready for me to night” whenever I entered my room I will saw the note on my bed and at night he will come into my room’ said victim.
Witness said they were at Kabasa Lodge and they moved to Babadorie Lumley alongside my uncle Musa my father`s junior brother, I, Mariama my elder sister and my father. The witness said the incident has been continuing and she was afraid to expose her father as she was shame of her sister as she will provoke me.
She continued to say one night Mariama was not around and her father sneak into her room to have sex with her and in the morning she decided to tell Musa as she confided in him and thereafter Musa confront him and he abused him and me.
Witness continues to say that her father drove Musa and her out of the house. Witness said her and Musa move to her aunty Kadie and she explained to her and she said let us go the Family Support Unit Lumley Police Station and statement was taken from her and medical request form was issued for medical attention.
Victim said she stayed with her aunty for a week and later she was returned back to her father. Witness said her father told her he got a dream that she turned to cat and I was taken to a pastor and I was asked to fast for seven days dry fasting.
Witness said later she was sent to her cousins Mariama Kamara and Haja Kamara at Hagan Street in Freetown.
“I was taken to a herbalist called Pa Lamina at Lungi and he told me I am a witch, I was at Lungi for one month, my father lodge at Osu guest house” said victim. Witness said her father do called her to meet him at Osu guest house to have sexual intercourse through her legs as that she was virgin. Witness said he was dis-virgin at the Osu guest house at Lungi as her father used his penis and she was feeling pains and later she saw blood and her legs become tight-up.
Witness continued to say she was later taken to Kambia to one herbalist Pa Adekalie Kamara and during that she and her father have sexual intercourse over eight times. Witness continued to say her father stayed at one guest house in Kambia where both of them were meeting.
“I missed my period in September, 2020 when one woman worker at the quest house told me that I am pregnant and that I have lost blood and water and later I was taken to the Kambia Government Hospital where nurse Sadiatu told me that I am pregnant” said witness.
Victim said she went in search for her father as he has abandoned her at the hospital. The witness said her father later came with something in a bottle asking her to drink and later the pregnancy wasted and Issac went to the Kambia Police Station and her father was arrested, and Mr. Cortiest was contacted to transfer me at Don Bosco Fambul in Freetown.
Under cross examination, defense lawyer C. Campbell asked witness what was your age when you take the BECE. Witness said 12 years. Defense Counsel continued to ask when the witness wrote the NPSE. Witness said I can’t remember. Defense Counsel asked witness if she was 21 years old at the age of the incident. Witness said no. Defense Counsel asked witness if she have ever seen her birth certificate. Witness said no.
Representing the State is Lawyer Jessie S. Tucker while C. Campbell representing the accused person. The matter has been adjourned to the 15th October, 2021.