May 26, 2021
By: Francis F.M.Harding
First defence witness (DW1) Isha Mansaray a nurse and business woman has testified for the defense team in an alleged sexually penetrated matter against the first accused person Mohamed Kamarainba Mansaray before Justice Samuel O. Taylor at the Modern Sexual Penetration Court in Freetown on the 25th May, 2021. The accused person is before the court on seven counts charged according to the Sexual Offense Act of 2019. State Counsel, Umu Sumaray Esq called eleven witnesses to make her case, including factual and formal witness in the process.
The witness said she knew the first person (Mohamed Kamarainba Mansaray) accused person over ten years. Witness said she is into hotel business and cacao and also the owner of Lion Mountain Hotel situated at No.3 Sahr George Street Koidu Kono District. She said she recalled on the 14th February, 2020 and that she was with the first accused person in his house at Makneh, Makeni. Witness continued that the first accused person travelled on the 10th February, 2020 to Makeni, while she left on the 13th
It would be recalled that on the 14th February, 2020, on Valentine Day, in Kono District in the Eastern Province of Sierra Leone, Mohamed Kamarainba Mansaray allegedly penetrated a 15 year old girl, which is prohibited by the Law 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 defense team of the first and second accused persons (Mohamed Kamarainba Mansaray and Marion Kamal Arouni) has opened their defense case.
Dw1 said she reached late in Makeni and decided to sleep at the resident of the first accused person house as he was suffering from running stomach.
“I was unable to leave as the first accused person because he was having frequent stool” said the witness. The witness revealed that the next morning on the 14th February, 2020 there were constructors working for the first accused person in his compound in Makeni, while she interacted with the workers as they were wearing red T-Shirt symbolizing the St. Valentine Day.
DW1 said she left on the 15th February, 2020 for Kono and the first accused person met her in Kono on the 16th February, 2020. She continued in her testimony that, the first accused person lodge at her hotel in Kono and that was not the first time. She continued that the alleged night (14 Feb 2020) she slept on the same bed with the first accused as she was unable to leave for Kono.
Under cross examination, Prosecuting Counsel Umu Sumaray, asked the defense witness about the relationship between the first accused person and herself. Witness responded that they share close intimacy. Prosecuting Counsel asked the distance from Makeni to Kono. Defense witness said depending on the driver the distance is about two and half hours’ drive.
Prosecuting Counsel put it to witness whether she will be surprised that the frequent stool of the first accused person was not in the statement made to the police. Defense witness said because it has been long before the police came into contact with the first accused person. Prosecuting Counsel asked for the length of time they have been in romantic relationship. Witness said four years.
However, before the witness could testify the prosecuting counsel Umu Sumaray made an objection for the first defense witness Madam Isha Mansaray that several months ago the witness has been seating and listening to the testimonies of the Prosecution witnesses; at the expense of the announcement made in court by the clerk that all witnesses for the defense or the prosecution should go out of court. The prosecutor said should not be allowed to testify as it will unfair to client and case.
Whereas, lead Defense Lawyer, Emmanuel Saffa Abdulai said on behalf of the defense team, he drew the court attention that in the first session their first defense witness was not in court and that their defense witness is very key in this matter. At the end, the witness was allowed to testify.
The Leader and Chairman of the Alliance Democratic Party (ADP), Mohamed Kamarainba Mansaray who has been alleged to have sexually penetrated a fifteen year-old-girl has been behind bars for almost a year without bail.
The leading Counsel for the State Lawyer Umu Sumaray appears for the State while Lawyer Emmanuel Saffa Abdulai represented the first accused person and Lawyer Jesse M.Jengo for the second accused person. Matter has been adjourned to the 1st June, 2021.