By Mohamed Foday Conteh
26- year-old Mohamed Mansaray was on Monday 26th July 2021 freed of Sexual offence by Justice Momoh-Jah Stevens at the Sexual Model Court in Freetown.
Mansaray was indicted on a count of sexual penetration. The prosecution alleged that Mansaray had a sexual intercourse with a child on the 17th March, 2020 in Freetown.
The State led 3 witnesses including the alleged victim in the matter and her mother.
The final witness that testified, Police Sergeant 9566 Rugiatu Kamara attached to the Family Support Unit (FSU), Allen Town said it was on the 17th March 2020 when she was on duty that the matter was reported and assigned to her for investigation. Kamara relayed in court what transpired during the course of her investigation including a voluntary caution statement she took from the accused.
During cross-examination by lawyer Cyril Taylor-Young, the police witness told the court that the alleged victim was first taken to a local nurse for checkup before going the Rainbo Centre at the Princess Christian Maternity Hospital.
Lawyer Taylor-Young closed his case by relying on the statement made by his client. He also drew the attention of the judge to the testimony in court by both the victim and the mother. He said the victim had said that Mansaray sexually penetrated with her while standing. This, the lawyer said was impossible since the said victim is far shorter in height than the accused.
He also submitted that the mother had said that the child was first taken to the Rainbo Centre and not to a local nurse. This again, according to Taylor-Young lacks consistency because the Police had testified differently.
Lawyer for the State, Musa Pious Sesay Jr. said, while closing his case that 3 witnesses testified at the Preliminary Investigation at the Magistrate Court in the matter that was committed to the Sexual Model Court on the 16th July 2020.
In another matter, an 11 year old class 6 pupil has testified against 25 year old Abubakarr ‘Dante’ Turay. Turay was arraigned in court for sexual penetration contrary to Section 19 of the Sexual Offences Act No. 12 of 2012.
The witness, in her testimony, told the court that it was on the 19th January 2019, on a Saturday afternoon, while out to buy sweet from one Auntie Aisha that Turay held her hand. She said that although pleaded with passersby, Turay succeeded as he told them that she was his younger sister. The witness said then told the court that the accused blindfolded her and took her to a shack where she was sexually penetrated.
She said she was afraid to disclose what had transpired between her and the accused because he had threatened to kill her if she mentioned it to anyone. She said it was after she had bled while urinating that her mother became aware of the said incident and took her to the Rainbo Centre for checkup.
Justice Stevens said that he was refusing bail because the evidence in the matter was serious and adjourned the matter to the 20th September, 2021 with the accused remanded at the Pademba Road Correctional Centre.
Copyright © 2021 Politico Online (29/07/21)
