March 19, 2021
By: Francis F.M.Harding
First Police witness Jestina Gobbeh (not her right name) has testified before Justice Cosmotina Jarrett in the Modern Sexual Penetration Court in Freetown on the 16thMarch, as a victim of sexual penetration.
The witness said she is a pupil of Trinity International Secondary School in Allen Town in the Eastern part of Freetown. The victim testified that she recognized the accused person as her uncle.
The 13 yrs-old victim continued that between 1st July and 31st July, 2019 she was selling ‘butter scotch’ (milk candy) when the accused person called her in a garage at Mayakeni Allen town. According to the witness, the accused pushed her in a vehicle, removed her clothe and sexually penetrated her. During the process, she screamed and fought the accused, but he held on to her mouth, narrated the witness.
After the ordeal, the witness explained that the accused gave her Le 5000 and threatened her with death if she revealed it to anyone. Without fear the victim explained that she told her dad at home. The victim’s father is said to have reported the matter to community elders.
Later the victim said her dad went to the Mayakeni Police station Allen town in Freetown to make statement, and a police request form was given to her as she went to hospital for examination.
The State Prosecuting Counsel, Augustine Shaku applied for an amendment to be made on the indictment. He said the accused person should be charged under the new Act for sexual penetration contrary to section 19 of the Sexual Offense Act 2012. He made an application for the matter to be tried by judge alone. He made the application pursuant to section 144 sub-section 2 of the Criminal Procedure Act of 1965 as repealed and replaced by section 3 of the Criminal Procedure Amended Act 0f 1981. He said the application is supported by an instrument signed by the Director of Public Prosecutions (DPP).
However, second Police witness, Tamba Kanu has testified before Justice Cosmotina Jarrett in the Modern Sexual Penetration Court in Freetown.
The witness said he knew the accused person and the victim is his child. The witness said the victim was 14 years at the time of the alleged incident. He said he has the birth certificate to prove before the court.
The witness said on the on the 11th February, 2019 he came from work and asked about his daughter to her mother, the mum told him she was around the area. The witness he went to the neighborhood and asked, except early in the morning he saw her in front of the house.
The witness said immediately he saw his daughter he took her inside the house and threatened her that if she do not show him where she spent the night she will be flogged.
He said the victim took him to the house of the accused person. He said thereafter he went to the accused‘s uncle to explain to him what has happened between his child and the accused person. The uncle told him to make statement to the Police, but he said he reported the matter to the Deputy Headman at Kerry Town.
Later he said he reported the matter to the Waterloo Police Station and the police obtained statements from him. The witness was cross examined by Lawyer I.A.Kamara. Matter has been adjourned to18th March.