By Francis H. Murray
Justice Samuel O.Taylor has reversed a decision he took on Tuesday to have the leader of National Democratic Alliance Party Mohamed Kamarainba Mansaray and one Marion Harouni tried by a judge and jury at the sexual offences court in Freetown.
Speaking on Wednesday 19th August 2020 Justice Taylor said his earlier decision was inconsistent with the new law on sexual offenses and goes against the mandate of the new model court for sexual offenses.
On the bail application made by defence lawyers for the accused persons and the affidavit in opposition from the prosecution, the judge said that he was refusing both accused persons bail because he was yet to test the veracity of the evidence and that bail would only be determined by the trial judge.
Supporting her affidavit in opposition to the bail application, State Prosecutor Umu Sumaray had cited the “gravity and seriousness of the offenses.” She added that if the accused persons were admitted to bail, they would use the opportunity to flee the jurisdiction which she said makes them a flight risk. She noted that the 1st accused had a stake in the political dispensation of the country.
Ms. Sumaray further argued that because investigations are still ongoing and the fact that the charges span across borders, the denial of bail would help the defense adequately prepare in the absence of the accused persons, adding that granting the accused persons bail would give them the opportunity to interfere with the prosecution witnesses, as most of them are in Kono.
Addressing the affidavit in opposition to bail, the lead lawyer for the first accused Emmanuel Saffa Abdulai argued that the said affidavit had nothing on the source of the information and the grounds of belief, for which he called on the judge to discountenance such argument, describing it as ‘‘manifestly oppressive’’ and based on ‘‘mere speculations.’’
The lead Counsel for the second accused, Lawyer A.K. Koroma said the affidavit in opposition to bail was incomplete and improper, without any date on the face of it, adding that it departed from the order of the court for same to be properly filed.
The matter comes up again on the 26th August 2020.
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