By Francis H. Murray
Defence lawyers representing the Chairman and leader of the Alliance Democratic Party (ADP) Mohamed Kamarainba Mansaray, who’s standing trial on an eight-count indictment which include conspiracy, sexual penetration and meeting a child for sexual purposes, have disclosed that their client was removed out of hospital where he was undergoing medical treatment against the advice of doctors.
Lawyer Samuel Momodu Konteh told the court that the prosecution on the last adjourned date made an application for the court to grant an order requesting the Correctional Services to produce Mansaray and co-accused Marion Arouni before the court so that they can stand their trial.
He went on to note that in making the said application, the lead prosecutor stated on record that she called him (Konteh), to inform him about the proceedings slated on the 30th November 2020 and that he had responded by telling her that he was on his way to Court, adding that she had claimed to have also tried calling him a number of times on the phone but that he refused to pick up.
He asserted that contrary to what was submitted by the Prosecution, he had informed the prosecutor about the matter coming up that day and that she had promised to come to Court after she had finished taking lunch.
He said: ‘‘later I came to court to find out that the Prosecution had not only made a different application to what was in process before the court in respect of the matter in the absence of all defense lawyers, but also failed to serve the said order on any of the defense lawyers.’’
Lawyer Konteh stressed that they received distressed calls from the 34 Military hospital that their client was being removed from his medical treatment.
‘‘We received distressed calls from the 34 Military hospital that their client was being removed from his medical treatment on the basis of the said court order even though the medical practitioner advised against his removal on that particular date,’’ he stated.
He therefore submitted that the court minds the order granted on the 21st September 2020 which was made after, and that the medical practitioners who were appointed by reason of the said order, be directed to court and tender same to the court.
Citing the said application made by the prosecution, he further noted that his request would bring a conclusion on the application for bail which was predicated on grounds of the ‘‘deteriorating’’ health conditions of the 1st accused, and that the application was made to ascertain whether the application made certified that their client was indeed sick.
Lead State prosecutor Umu Sumaray denied the allegations and said that she was handling the November Criminal Session at the High Court when the court’s registrar, Patrick Sannah informed her that the matter was slated for that day.
She went on to not that after receipt of the information, she sought the leave of the presiding judge over the Criminal Session Justice Monfred Sesay to allow her to appear before the presiding judge in Kamarainba’s matter and was granted.
She stressed that she came to the court immediately after she finished having lunch as promised and none of the defense counsels were present, adding that it was only after the order was granted, that Lawyer Konteh came in and was told about the application.
The 2018 presidential candidate had suddenly fallen from the dock at an earlier hearing 15-minutes into discussions bordering around his health which his lawyers had said was deteriorating because of the absence of appropriate medical care while in detention.
Meanwhile, Lawyer Sumaray had made an application pursuant to Section 188 of the Criminal Procedure Act no 32 of 1965 for an order that Mohamed Samuka Konuwa, whose name is not on the back of the indictment to be allowed to testify, and was granted.
The 11th prosecution witness told the court that he is a public servant at the National Civil Registration Authority where he serves as Deputy Director, information and Communication technology and identity management.
He said that some of his duties include to provide technical leadership in the registration of all vital invents including births and deaths, issuance of national identity cards and to verify the identity of nationals.
He went on to note that he was aware of a subpoena for the register of births and deaths to testify in court, which accounted for his presence in court.
He recalled having a record of the birth certificate of the alleged victim, adding that it was not the only document in their achieve but part of those recorded in the mass registration in 2017 and was submitted as a proof of age into their electronic identify management system situated at the headquarters in Freetown.
He said the birth certificate was an original copy signed with the NCRA stamp and dated, and proof of citizenship which is referenced into the identity management system or the National biometric database of citizens and foreign nationals resident in Sierra Leone.
He added that the data was transmitted on the voter identification unit of the identity management system and a verification certificate was generated, containing biographic and bio-data with a unique identification number of that citizen.
The said birth certificate could not be tendered as the witness was without the original copy and the matter was then adjourned to 9th December 2020.
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