August 2, 2021
By: Francis F.M. Harding
The accused person Mohamed Mansaray, 26 years old was standing trial before Justice Momoh-Jah Stevens for an alleged rape matter which he has been acquitted for at the Modern Sexual Penetration Court in Freetown.
The accused person appeared before the judge on the 26th July, 2021 after both defense and state counsels closed their case. The accused person has been appearing in court with the Muslim prayer beads (TASBIR) until he was acquitted. Litigants and the defense lawyer believe the Muslim prayer beads played a spiritual role in getting the accused to be discharged.
The accused person was arraigned in court on one count charge of sexual penetration contrary to section 19 of the Sexual Penetration Offence Act of 2019 as repealed and replaced by section 4 (a) (ii) of the Sexual Offences Act of 2019.
It would recall that on the 17th March, 2020 in the western area of Freetown the accused person allegedly engaged in an act of sexual penetration with a child.
In his ruling the judge said the accused person was brought to the court for an alleged sexual penetration matter pursuant to Section 19 of the Sexual Offences Act 2012. He said the registrar read the charge and the accused pleaded “not guilty”.
The judge continued said that the state led three witnesses including the alleged victim in the matter and the mother of the said victim. The final witness that testified in the matter was Police Sergeant 9566 Rugiatu Kamara attached to the Family Support Unit (FSU), Allen Town Police Station. This witness was formally a staff at the same unit at Kissy Police Station. Testifying in court the witness said she came to know the accused person during this matter. Witness said she could recall on the 17th March, 2020, when the matter was reported and assigned to her for further investigation. She said statements were obtained from the victim and witnesses. She continued that she issued a police medical request form to the mother on behalf of the victim. The witness produced and tendered the police medical request form marked as exhibit A-1-3. Witness said herself together with Sergeant 10183 Mansaray obtained voluntarily cautions statement from the accused person. Witness said the accused person made statement in Krio and was recorded in English. Witness said she read it to the accused person in Krio which he admitted to be true and correct. She said the accused person signed by affixing his right thumb finger print.
Witness said herself together with a team of police officers together with the victim visited the crime scene and took snap shots of the scene. She said nothing of police interest was discovered, and that on the 16th June, 202 herself together with Sergeant 10183 Mansaray finally charged the accused person to court.
Under cross examination, defense Lawyer Cyril Taylor-Young asked the witness who reported the matter to the police. Witness said the victim`s mother. Defense lawyer asked witness if she recalled calling any Alfred D. Williams a minor to the police station for questioning. Witness said yes. Defense lawyer asked witness if she was informed by the victim’s mother that she has taken the alleged victim to a nearby nurse. Witness said yes and the victim mother took her to a nurse for checkup before taking her to the Rainbow Initiative at the Princess Christian Maternity Hospital (PCMH) commonly called cottage.
As he continues reading the judgment, the judge said the defense lawyer also drew the attention his attention on the testimony adduced in court by both the victim and the mother. Defense lawyer said that the victim had said that the accused person had sexual intercourse with her while she was standing. The defense lawyer said is impossible since the victim is far shorter than the accused person. The defense counsel told the bench that the mother had said that the child was first taken to the Rainbow Centre and not the local nurse as this lacks consistency; because the police witness had testified differently in court. The defense Lawyer Cyril Taylor-Young closed his case by relying on the statement made by his client.
When the state counsel Lawyer Musa Pious Sesay was closing his case, he said three witnesses had testified during the Preliminary Investigation (PI) at the Magistrate Court. He said the matter was committed to the Sexual Model Court on the 16th July, 2020.
The judge said section 19 of the Sexual Offences Act of 2012 is a straightforward provision which does not require any interpretation. “
The section makes it an offence for a person to engage in sexual penetration with a child. Sexual penetration is defined by the act and there is little room for misunderstanding what that means. At least no such question arises in this case,” the Judge averred.
Justice Momoh-Jah Stevens acquitted and discharged Mohamed Mansaray on legal grounds.