By: Hafsatu Z Bangura
Former Presidential Candidate of the Alliance Democratic Party (ADM) Mohamed Kamarainba Mansaray has been sentenced to 17 years imprisonment while the second accused person Marion Arouni was also sentenced to 15 years imprisonment by Hon. Samuel O Taylor.
Both accused persons were charged with eight counts of conspiracy, aiding and abetting and sexual-related offences.
According to the State prosecutor Umu Summarie Esq in an interview explained that both sentences will run concurrently and not consecutively, therefore, the accused Mohamed Kamarainba Mansaray has been sentenced to 17 years and co-accused Marion Arouni was also sentenced to 15 years.
However, on the 17th of February, 2023 at around 4 pm Mohamed Kamarainba was brought to court by an ambulance with heavy security personnel who carried him with a military stretcher to the NASSIT court for his trial.
His condition seems to be serious, as he was unable to speak while turning his head from one position to another.
He was adorned in a white vest and blue-black joggers.
Delivering his judgement, Justice Taylor said the burden and standard of proof rest on the prosecutors to prove their case beyond all reasonable doubt.
Having done that he found both accused persons, Mohamed Kamarainba and Marion Arouni guilty of all charges against them.
Justice Taylor added that the prosecution in proving its case of sexual penetration, conspiracy and meeting points of the accused and victim, the prosecution called in several witnesses, to which one of the witnesses was an NCRA officer to prove the age of the victim.
Defense counsel held the view that the victim lied about her age.
Furthermore, the Judge said the victim was consistent with her testimony.
He said the victim gave an accurate and precise description of the 1st accused person’ house Mohamed Kamarainba Mansaray of the fact that the victim is a novice and has never been to town but for a person described as a novice accurately described and located the accused house.
With this, the judge said there was consistency and when a locust was done the victim again described the room of the accused being a master bedroom with features inside that she described.
Justice S.O Taylor said the matter was brought before the courts on the 14th of August 2020 and that the accused persons were charged on an eight counts indictment to which they were jointly charged on counts 1 and 8.
He said the defense counsel made a no-case submission when the prosecution closed its case, which he said was overruled and ordered defense counsel to go on with the trial.
The judge mentioned that defense counsel opened its case by calling 12 witnesses.
First Defense Witness (DW1) said she is a nurse and the accused is her boyfriend and that on the said day, the accused had a runny stomach and was ordered by the accused to prepare food for the workers at his site; while the accused was in Makeni.
The accused also testified and corroborated with the first defence witness that he knew the victim through the second accused, and on the said date in question he was in Makeni, and he had a running stomach.
“Interestingly he confirmed buying phones and other items for the victim but never had any sexual relationship with the victim” the judge read.
He also said the first accused visited the biological parents of the victim where he promised of educating and making her his wife at a mature age.
He said both accused persons claimed not to know the age of the victim but threw a birthday party for the victim on her birthday with his workers, though the defence said he only threw a party for his workers as a tradition.
He said the first accused was confronted by his statement made to the victim of sponsoring her education was a motivational speech to encourage her to learn.
Upon conviction of both accused persons, Defense counsel A.T Turay Esq asks for a non-custodial sentence. The first accused was unable to speak after he was convicted of the crime.
The Judge said that on counts 1 and 8 both accused are sentenced to 15 years; in count 2,3,4,5, the first accused Mohamed Kamarainba is sentenced to 15 years each while in count 6 the second accused is sentenced to 2 years and in count 7 the first accused is sentenced to 2 years.
The judge however said that count 2,3,4,5 and 7 are to run concurrently for the first accused while the joint charges for both accused run concurrently as well.
Upon entering the court, the judge said that both accused were standing trial before the court for conspiracy, aiding and abetting meeting a child for sexual purposes and sexual penetration.
The judge induced the court that the prosecution brought in 11 witnesses to court and the first prosecution was the victim and that the prosecution brought in evidence including the birth certificate of the victim.
And PW 11 testified in court to ascertain the validity of the said document. The judge affirms that he holds sufficient proof that the victim is a child according to law and that the court takes into account the under-five card which was tender.
He said whether or not the child was a virgin does not matter, and the victim was able to testify of their meetings with the first accused in four different places firstly at the Diamond Lounge, an unfinished house and twice at his place.
Justice S.O Taylor found both accused persons guilty of the count’s indictment. State Prosecutor thanked the judge as she said Justice has been served to the victim. She also said she has been attacked, bullied and threatened on social media and physically at the start of the matter, and that she did her best in proving all the elements of this matter.
She also disclosed that there was a voice recording on the phone to the victim in the quote “pa all the laydom wae dis man dae laydom wit u, na dis cheap phone e buy for u” and also the first accused going to the house of the second accused referred to her as her mother-in-law.
She also said the doctor who testified confirmed that the victim had been penetrated multiple times with a ruptured hymen.
State Prosecutor Umu Summarie Esq expressed joy over the judgement.
Defense counsel made an application for an appeal for and on behalf of the accused person to which the said application was granted.
The second accused upon her conviction said she had nothing to say to the court.