October 21, 2021
By: Francis F.M. Harding
The accused person, Ahmed Issa Kamara alias Joshua has on the 20th October, 2021 appeared before Justice Alhaji Momoh Jah-Stevens at the Sexual Offences Model Court on four counts charges.
The particulars of offence state that the accused person on divert dates between the 1st March, 2020 and the 8th April, 2020 he made indecent material and circulating indecent material.
The accused person Ahmed Issa Kamara alias Joshua was indicted by the State on four counts charges making indecent material, circulating indecent material, on different dates and possessing indecent material at contrary to section 18 of the Sexual Offences Act 2012. The accused person pleaded not guilty to all the offences.
Justice Alhaji Momoh Jah-Stevens said the prosecution led three witnesses and that the accused person applied that the trial should be trial by judge alone instead of a judge and jury in accordance with section 144 of the Superior Act 1965 as amended. The judge continued that the prosecution called three witnesses (the victim, formal witness and the uncle to the victim). He added that it was very clear to form strong case for the prosecution that the phone of the sexual activity between the accused person and the victim was owned by the accused person.
Justice Stevens said it is also clear from the case of the prosecution that there was no consent between the victim and the accused person. He said the video clip was brought to the court and it was showed to the court two different factions when the victim was sucking the penis of the accused person and second was when the accused person was having sex with the victim.
He further that the accused person and the victim were cohabiting as boyfriend and girlfriend at Spur Loop in Freetown the resident of the victim. The judge said from the testimony from PW3 the uncle of the victim that this video has gone viral.
Justice Stevens said in the defense case the accused person did not due to lack of witnesses , but relied on the statement made to the police.
In giving the judgment Justice Stevens said that the intention of the accused person is to degrade the victim in the eyes of men and to malign her as a prostitute. He advised that when men are having affairs in peace that must continue, but if otherwise they should quit the relationship peacefully and to exposed their partner to the public.
Justice Stevens said that the accused person is guilty on all four counts charges.
When the defense lawyer Taylor C. Young was pleading on behalf of his client said the accused person is a first time offender and he does not have any criminal record and pleads for custodian sentence. He said the judge should tamper justice with mercy.
In making his plea the accused person, Ahmed Issa Kamara alias Joshua asked the judge to use his prerogatives to have mercy on him.
However, Justice Jah-Stevens fine the accused guilty on all counts charges and was sentenced to five years imprisonment on count one or to pay twenty million Leones (Le20,000,000), on count two he was sentenced to five years imprisonment or to pay twenty million Leones (Le20,000,000), count three he was sentenced to five years imprisonment or to pay twenty million Leones (Le20,000,000), and count four he was sentenced for five years imprisonment or to pay twenty million Leones (Le20,000,000), and fines and jailed terms are to run concurrently and was asked to compensate the victim with twenty million Leones (Le20, 000,000).
Lawyer M.P. Sesay represented the State, while Lawyer Taylor C. Young defended the accused person.