By Francis H Murray
Defense lawyers representing the leader of the Alliance Democratic Party (ADP) Mohamed Kamarainba Mansaray have cross-examined the 15 -year old victim who is alleged to have been sexually penetrated multiple times by the 2018 Presidential candidate when hearing resumed again before Justice Samuel O. Taylor at the Sexual Offenses Division of the High Court in Freetown.
Under cross-examination on Tuesday by lawyer for the 1st accused Emmanuel Saffa Abdulai, the witness disclosed that she, together with lawyers and the police, visited the house of the accused in Freetown during the course of the investigations, adding that she even led the said visit.
Asked whether she didn’t know the junction leading to the entrance of the house of the 1st accused, the witness replied, saying: ‘‘I recall that the vehicle passed the drive leading to the house of the 1st accused at Femi- Turner Drive and we were later directed because I didn't know the said junction leading to his house’’.
When challenged that she had told the police that the 1st accused had a three bedroom apartment in Freetown where she was taken, she noted: ‘‘I also recall telling the police that the house of the 1st accused had three bedrooms because he had shown me at the time of the said visit. But I also recall that the police eventually found out that the house in question has 4 bedrooms instead of three.’’
She also confirmed telling the police in her description of the said house that the 1st accused’s master bedroom had its bathroom located at the immediate right but was later found to be somewhere else in the house, adding that what was at the immediate right was in fact the closet of the 1st accused.
When also challenged that she had told the police that the contraceptive implant was inserted into her on a day between 7th & 10th February, the witness said she couldn’t remember the date but that it was on a Monday and certainly before Valentine's Day.
She said that she could not remember taking any injection from any nurse on the instructions of her mother, and that the contraceptive implant was done at a time she had not started having her menstrual cycle, adding that she has now started experiencing her menstrual cycle.
The 15-year old further noted that she started experiencing her menstrual cycle at age 13, stressing that she had told the court that the 1st accused picked her up in his green vehicle but had told the police that it was grey in color.
Challenged that she had made two statements about the incident at Diamond Lodge: the first being on the 17th July 2020 in Kono and the other one made on the 21st of July at Don Bosco in Freetown, the witness confirmed that in her statement to the police on the 17th July, she told them that when they got to the hotel, they sat in the vehicle of the 1st accused while a certain lady was called to bring the key, but that on the second visit, she told the police that when they got there, the 1st accused asked her to get out of the vehicle and go wait for him by the door.
Lawyer Abdulai also argued that the witness had told the court that when the 1st accused took her to the hotel for the second time, she sat at the parlor while the 1st accused went into one of the rooms, which he said contradicted what she had told the police in her statement on the 21st that it was a room and parlor apartment.
He went further to note that in the witness’ statement on the 21st at Don Bosco in Freetown, she told the police that on the first visit at Diamond Lodge Hotel, the accused took her in a one bedroom and parlor apartment, adding that it wasn't the same lady who brought the key to the accused on both occasions.
When challenged that the 1st accused did no wrong to her, the witness stressed that the 1st accused had sex with her which was her first time.
‘‘That was my first time to have sex with the 1st accused and I got up and went to the bathroom. l barely managed to do so on my own and even barely walked to the vehicle on my own,’’ she noted.
Lawyer Abdulai also added that the 1st accused was not even in Kono on the 14th of March, but the witness stressed that it was in her statement that the 1st accused took her to Diamond Lodge Hotel on the 14th of February and had sex with her.
During cross-examination by Lawyer J. M. Jengo, representing the second accused, the witness confirmed that she was born in Bo and only came to know the 1st accused when he used to visit the 2nd accused sometimes in January, stressing that both her statements to the police and her evidence in court were true.
Lawyer Jengo argued that the witness had told the police in her first statement that she only came to know the 1st accused on February 14th, which conflicted with what she told the police about her first visit to Diamond Lodge being on the 17th. The witness noted that she was telling the truth and that the 2nd accused had dressed her up for the visit.
When challenged that she never mentioned a key in her entire statement to the police on the 17th, the witness stressed that she had mentioned about the key to the police.
Asked whether her mother had warned her at any time about early pregnancy, the witness denied receiving any such warning, but confirmed that she went to one Mary who inserted the contraceptive into her arm.
When challenged that she had at some point been sent on an errand by the 2nd accused and didn't return until 12 midnight, the witness denied, saying that it wasn't in her statement, adding that the 2nd accused also prepared her for the date on the 14th February.
She further noted that she didn’t bring the allegations against the 2nd accused because she took her clothes bought by the 1st accused, but because she was tired of her situation and couldn’t come to the court and lie under oath knowing same to be false.
The matter was adjourned to the 5th September 2020.
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