By Francis H. Murray
Detective Sergeant 13168 Ibrahim Khalid Sesay, who participated in the investigations of the allegation of sexual penetration against the leader of the Alliance Democratic Party (ADP), Mohamed Kamarainba Mansaray, has testified before Justice Samuel O. Taylor at the sexual offences division of the High Court in Freetown.
Led in evidence by State prosecutor Umu Sumaray, the seventh prosecution witness said he is attached to the Sexual Assault Syndicate of the Family Support Unit (FSU), at the Criminal Investigations Department headquarters in Freetown. He said he knew the complainant who goes by the name Fatu Banya, the victim, and the accused persons.
Detective Sesay recalled that he was on duty on the 20th of July, 2020, when a case and inquiry file was transferred from the Sexual Assault Syndicate of the FSU to the Tankoro Divisional headquarters for an alleged offence of sexual penetration of a child in Koidu city, Kono District, for continuation of the investigation.
He went on to note that the said case and inquiry file were transferred to detective Sergeant 9293 Hawanatu Dumbuya as the lead investigator, while he served as associate investigator, which was recorded in their crime register.
He said the case and inquiry file had two statements from the complainant and the victim, an endorsed medical report form of the victim and her birth certificate, all of which have been in the custody of the police.
The witness further noted that on the 21st July, 2020, a team of detectives headed by Assistant Superintendent of Police (ASP) Thomas Robin Mansaray and himself left the station onboard a vehicle with registration number AAT 913, to arrest the 1st accused and to gain access into his premises.
‘‘We were at the Regional Head Office Freetown West Lumley, when ASP Thompson Robin Mansaray informed the team that upon an information received, detective Superintendent of Police Fatmata Jebeh Daboh Kamara asked that we return to the station as the 1st accused was with her in the office,’’ he said.
He added that upon their arrival in the office, a contemporaneous interview was conducted together with Detective Sergeant 9293 Dumbuya Hawanatu, where the 1st accused was cautioned and questioned in respect of an alleged case of sexual penetration of a child.
He said that at the end of the statement, he signed as the recorder while Dumbuya Hawanatu also signed as the lead investigator. The 1st accused was subsequently detained after the interview was suspended.
Detective S. Sesay added that on the 23rd July, 2020, a team of detectives led by the head of the FSU left the CID headquarters for Kono District on board a vehicle with registration number AAR 543, together with the victim and himself, for clarification of some ambiguities.
‘‘On arrival on the same day, having informed the LUC Chief Superintendent of Police Sankoh for our purpose of visitation in the district, we headed to the Diamond Lodge Hotel, along the Kono highway. On arrival and upon the instructions of ASP Thomas Robin Mansaray, the manager of the said hotel, Tamba Henry Fomba, was arrested for questioning and taken to the Tankoro police station where he refused to make statement in respect of the allegation which led to his detainment,’’ he explained.
He added that the following day, statements were obtained from several witnesses under caution, including the parents of the alleged victim and one Mbalu Sillah.
The witness said that on the 25th July 2020, a team of detectives led by ASP Robin Mansaray, together with the victim and himself, travelled on a vehicle with registration number AAR 543 to visit one of the scenes of crime at John Kenny Street.
‘‘On arrival, we could not gain access to the place which was an unfinished building in a fenced compound locked, with gates, alleged to be the house of the 1st accused. Since access was denied, the Scene of Crime officer, Detective Sergeant 11322 Conteh M. M took some snapshots of the outside view of the scene of crime. The team proceeded to the Diamond Lodge hotel which happens to be another scene of the alleged crime, where we were able to speak with the receptionist, one Binta Kamara Neesaw,” he added.
He said the receptionist was interrogated in respect of the management of the hotel, relating to the receiving of guests, adding that she produced a blue book as the guest registration ledger which was examined page-by-page.
‘‘On examination of the said book, I found out that pages were missing and the said ledger was taken to the police station with the consent of the receptionist. Between the months of February and March, the manner of entering the information of guests into the guest registration ledger was changed. Before February 14, the names of guests, their nationality, room number, purpose of visit, occasions, arrival date, department date, room rate, total amount and comments were registered in it. But that automatically changed unto the 14th March, 2020 without the name of the guests, but with only the date, room number and rate, total amount and comments, recorded,’’ he explained.
He further noted that between 21st February 2020 and the 23rd March 2020, they discovered torn out pages on the guest register taken from the receptionist, adding that on the 31st March 2020, they came back to the old system of indicating the guest’s name, room number and rate, total and comments.
The witness said that acting upon the discovery in the book, the receptionist was arrested and taken to the policed station and later contemporaneously interviewed for the alleged offence of conspiracy to commit a felony in respect of sexual penetration of a child and perverting the course of justice.
He added that the victim identified two separate rooms of which photographs were taken by the scene of crime officer.
He said that upon information given by the receptionist, Binta, indicating that she was not the receptionist at the time in question, but one Aminata Sellu, the team arrested Aminata on the same day and took her to the station where statement was obtained from her and then subsequently detained because of the inconsistencies in the ledger after she confirmed being the receptionist at the time.
The witness also noted that whilst they were in Kono, the head of FSU, Detective Superintendent of Police Fatmata Daboh, instructed Inspector Lansana Tarawallie to arrest the 2nd accused and her husband which the officer did. They also went to the department of Births and Deaths at the Koidu Government Hospital to confirm the originality of the birth certificate produced to the investigating team.
‘‘We contacted the medical nurse known as Messi and showed her the document, and she confirmed that the said birth certificate was issued at a certain village by one nurse whose name she could not recall. The investigating team split into two, with one headed by the head of FSU together with Detective Sergeant 8526 Kamara I. and Detective Sergeant 9293 Hawanatu Dumbuya, with the other team headed by ASP Thomas Robin Mansaray and myself went to the said village to confirm the originality of the birth certificate. On arrival, we looked through the documents that were produced by the medical coordinator in the said village, and he told us that the nurse in question had retired and we didn't find anything of police interest in respect of the birth certificate,’’ he lamented.
He added that they later wrote a letter to the medical officer in charge at the births and deaths in order to confirm the authenticity of the birth certificate but got no reply.
According to the witness, another letter was written on the 23rd July, 2020, to the medical person in charge of births and deaths in Koidu City to verify the birth certificate with serial number E/K 030735, because the one that was given earlier to the police in Freetown as part of the case and inquiry file was a photocopy.
‘‘On arrival at the hospital with the document, the medical nurse on duty checked their records and confirmed that the birth certificate number was in their record. We later returned to the station and asked the biological mother whether she had any other documents that can confirm the age of her daughter. She gave us the under 5 card of her daughter, the [alleged] victim. After this, we asked her for the original birth certificate that was photocopied, which she gave and statement obtained from her in respect of the said document,’’ he stated.
Sesay added that on the 26th July, 2020, they obtained statements from the current manager of the Diamond Lodge hotel, Tamba Henry Fomba.
In renewing the bail application, defense lawyer for the 1st accused, Charles Francis Margai, made reference to certain criteria which mitigate against bail, including availability of the accused to stand trial, the gravity of the offence, criminal antecedents of the accused, probability of guilt and the possibility of witness interference.
He added that it was the duty of the applicant, who is seeking bail, to show to the court, among other things, that the proper investigation and conduct of the case will not be prejudiced and at no serious risk of escaping justice.
Margai further noted that the prosecution also had a duty as officers of the court in respect of an opposition to bail, an application for bail, to show proof of evidence or by affidavit evidence, as well as facts which may show a strong probability of the guilt of the accused person or that the accused may not be available to stand trial.
He also argued that it cannot be denied that the 1st accused is a man of repute, leading one of the 17 political parties in the country and had voluntarily handed himself over to the police before the police could effect a warrant of arrest against him, citing the innocence of the accused, until proven guilty, adding that the case was a deserving one for the accused to be admitted to bail.
In her response, Umu Sumaray said that she saw the defence’s bail application more as an indictment on the judiciary and the criminal justice system, but nonetheless relied on her affidavit in opposition to bail dated 19th August, 2020. Bail was refused, with both accused persons remanded in custody, whilst the matter was adjourned to Friday 18th September, 2020.
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