By Francis H. Murray
Tam Foday, a middle aged man who is alleged to have sexually penetrated a 13 year-old girl, has told a court that he had a bitter confrontation with the father of the alleged victim who in turn brought up the allegation of sexual penetration against him.
The accused appeared before Justice Manuela Harding last Tuesday at the High Court in Freetown, at the start of his defence, which followed the close of the prosecution’s case involving a one count indictment of sexual penetration against him.
Led in evidence by Justice Harding, the accused described himself as a senior private driver at the Freetown Supermarket and recognized the complainant as his neighbor and father of the alleged victim. He recalled that on a certain date between January and July of 2017, he left for work and returned but on the following day, the alleged victim’s father came to demand seven cement blocks he (accused) had borrowed from him. He added that they got into a serious fight over the blocks that morning because he told the complainant that he had paid for his blocks but that they were yet to be delivered.
He further noted that at the end of the fight, the complainant threatened that he was going to make sure he went to jail. He said later, on a certain morning, he was home when the alleged victim’s father identified him as the suspect of an alleged act of sexual penetration and was arrested and taken to the police station where statement was obtained from him.
Under re-examination by State Prosecutor Robin Mason Jr, the witness said he had the altercation with the complainant before the alleged case of sexual penetration. He said he knew the alleged victim and denied to have been assisted by her at any time to carry water to his apartment as alleged by the complainant.
He went on to note that before his arrest, the victim’s father never approached him with the allegations of sexual penetration.
Meanwhile, the fifth prosecution witness, Musa Samuel Koroma, a teacher and father of the alleged victim, also testified, led in evidence by lawyer Robin Mason Jr. He recalled that on the 21st of July 2017, his daughter reported to him and his wife about the incident of sexual assault against her by the accused. He said his daughter told him that when he tried to help the accused in carrying water to his apartment, he took advantage of her and sexually penetrated her.
The witness narrated that on a certain day, the accused asked his daughter to carry a container of water into his apartment and he seized her in his room and sexually penetrated her multiple times. He added that the accused threatened the victim not to tell anyone about what was happening between them. He said that on the 22nd July, 2017, they reported the matter to the Lumley Police Station and were later referred to the Rainbow Centre for medical examination.
He also noted that they went to the Rainbow Centre on the 24th of July where her daughter was treated and examined, adding that he also made statement to the police. He further noted that later, the Police visited the house of the accused where he (the accused) was identified and arrested, adding that after another visitation of the alleged crime scene, the accused was released on bail.
Under cross-examination by Lawyer R.S Bangura from the Legal Aid Board, the witness stressed that he had been neighbors with the accused for over five years. Asked whether his daughter had been helping the accused during those years, the witness replied, saying that he only took notice of the said assistance in 2017. Challenged that they only got the alleged victim’s birth certificate prepared after the alleged incident in 2017, the witness replied that they’ve always had the victim’s birth certificate before the incident.
While he closed the case of the prosecution, Lawyer Robin Mason Jr. noted that the accused was on a one count charge of sexual penetration of a child, with preliminary investigations instituted into the matter at a lower court on the 20th September 2017.
He noted that a total of four witnesses were called at the lower court and the accused given the opportunity for his counsel to cross examine the witnesses. He said a ruling was given on the 27th October 2020 for the matter to be committed to the High Court, adding that a committal warrant was prepared, signed and endorsed by the accused and the committing magistrate.
The accused, who was on bail, was sent back to prison over what the judge referred to as treating the court with levity.
The matter was adjourned to the 5th November, 2020.
The prosecution alleges that the accused, on a date unknown between 1st January and July 2017, in the Western Area of Freetown, was involved in an act of sexual penetration of a girl below the age of 18.
Copyright © 2020 Politico Online
