May 20, 2021
By: Francis F.M.Harding
The Leader and Chairman of the Alliance Democratic Party (ADP) Mohamed Kamarainba Mansaray who’s alleged to have sexually penetrated a fifteen year-old-girl appeared before Justice Samuel O Taylor at the Modern Sexual Penetration Court in Freetown on 17th May, 2021. The accused person is before the court on seven count charges according to the Sexual Offense Act of 2019. The leading Counsel for the State Madam Umu Sumaray called eleven witnesses to make her case, including factual and formal witness in the process.
It could be recall that on the 14th February, 2020, on Valentine Day, in Kono District in the Eastern Province of Sierra Leone, Mohamed Kamarainba Mansaray sexually penetrated a 15 year old girl, which is prohibited by the Laws of Sierra Leone. Both accused persons (Mohamed Kamarainba Mansaray and Marion Kamal Arouni) are facing seven counts related criminal charges, ranging from conspiracy, sexual penetration, meeting a child for sexual purposes, to aiding and abetting contrary to the Sexual Amendment Act of 2019.
The prosecution has closed its case since the 18th December, 2020 waiting on the defense theme to open theirs if there is.
The allegation as contained in the particulars of offense on the 14th August 2020 signed by the Attorney-General and on the 7th February to the 31st March, 2021 on diverse date the first and second accused persons conspired with others unknown persons to commit the offense of sexual penetration.
On the other counts the first accused person not only met the victim for sexual purpose but also sexually penetrated her.
In his ruling read to the court, Justice Samuel O Taylor said that PW 1 (victim) testified that the first accused person penetrated her about five times and that the initial penetration led to her been dis-flowered. After the prosecution has closed its case defence counsel S.M Konteh made numerous adjournments and promises, on the 25th March, 2021 delivered a written no case submission on behalf of the first accused person (Mohamed Kamarainba Mansaray) this was follow by a written submission on behalf of the second accused person and which was done by J.M.Jengo Esq. On the 30th April, 2021 Lawyer Umu Sumaray prosecuting counsel also submitted a written reply to defense counsels of no case submission.
Justice Taylor read that the second accused person Marion Arouni aided and adopted the victim and conspiracy with the first accused person respectively. The Judge said the first accused person brought the victim to Freetown without the consent of the parents and when the second accused person was asked she said had already paid the sum of Le 130,000/00 for the victim to attend extra classes in Freetown while the father received a call from the first accused person saying he had given the sum of Le300,000/00 to the second accused person as transport fare for the victim to return to Kono, and that the father said the second accused person been urging him to pick up his daughter the following morning because she had misbehaved.
The Judge said the victim identified the rooms where the first accused person allegedly took her and that a journalist from the district working at Voice of Kono Radio Station came to the father for an interview having heard the side of the first accused person about the incident in an audio recording in attempt to balance the story, the father received several calls from the accused person urging the father to withdraw the matter from the police. While the mother of the victim, told the court under cross examination by Lawyer Samuel A.Konteh on behalf of the first accused person that two meetings were held with the first accused person and together with one M’balu in her resident.
After the his ruling defense counsel S.M.Konteh for the first accused person made an application for bail for his client pursuant to section 79 (2) of the Criminal Procedure Act No. 32 of 1965 and section 23 (5) Act No.6 of the 1991 Constitution of Sierra Leone. Counsel J.M.Jengo for the second accused person also made an application for his client. Counsel Jengo said George Floyd was murder and the perpetrator was on bail until he was found guilty and that his client for ten months (40 weeks) his client has been in detention. When Lawyer Umu Sumaray was objecting to their applications she said rule three (3) of the bail regulation, she cannot answer now and she will respond to them on this next adjourned date as she rely on her formal affidavit and she ask for time to file her affidavit.
Lawyer Umu Sumaray representing the State while S.M Konteh represented the first accused person (Mohamed Kamarainba Mansaray) and J.M.Jengo represented the second accused person respectively. Matter has been adjourned to the 25th May, 2021.