By Francis H. Murray
Mohamed Kamarainba Mansaray, the Chairman and Leader of the National Democratic Alliance Party, has appeared before Justice Samuel O. Taylor at the sexual offenses divisions of the High Court in Freetown to answer to an eight-count indictment, including conspiracy, sexual penetration and meeting a child for sexual purposes among others.
The 2018 presidential candidate is jointly charged with one Marion Arouni, who faces the counts of conspiracy and aiding and abetting the commission of an offense.
The prosecution alleges that the accused persons on the 1st day of March 2020 and on diverse dates between that day and the 31st day of March 2020, in the Western Area of Freetown, conspired and with others persons unknown to commit the offense of sexual penetration.
It is also alleged that the 1st accused (Mansaray), on diverse dates between February and March 2020 at Kono, in the Eastern Province of the country, engaged in an act of sexual penetration with a child and also intentionally met with a child for sexual purposes.
The accused persons entered a plea of not guilty on all counts.
State Prosecutor Umu Sumare applied for the accused persons to be tried by judge alone instead of by a judge and jury, arguing that the application was made in the interest of justice and fair play.
Lead defense lawyer for the 1st accused Emmanuel Saffa Abdulai objected to the application for a trial by judge alone on grounds that his client faces serious offenses for which he has elected to be tried by his ‘‘peers’’ as provided for by law.
He added that the fundamental purpose of bringing a man to court for criminal offenses is to ensure that justice is served, citing the 1991 Constitution of Sierra Leone which he said gives all accused persons the liberty to elect the mode of trial.
Defense lawyer for the 2nd accused A. K. Koroma, adopted the submissions of the lead counsel for the 1st accused and further added that his client made the call for a trial by judge and jury for some ‘‘very strong’’ reasons, and based on the principle of the interest of justice and protection of the law.
He added that he saw no reasons why the prosecution should object to what he referred to as a ‘‘constitutional right’’ of his client.
The application sought by the prosecution for a trial by judge alone was dismissed by the judge on the grounds that the 1991 Constitution accords the accused persons the right to elect the mode of trial and that the court would not deny them their right.
In his application for bail, lawyer Abdulai argued that his client was a respectable and well known citizen with a stake in the political dispensation of the country as a presidential candidate in the 2018 general elections. He added that his client has spent 29 days in detention since he willing turned himself over to the police on the 21st of July 2020, adding that a further detention without bail was tantamount to punishment rather than compelling the accused to appear before the court.
Adopting the arguments put forward by the counsel for the 1st accused, lawyer for the 2nd accused A. K Koroma added that this client has peculiar characteristics that fall within the ambit of those who should benefit from the provisions of the bail regulations. Citing the special needs consideration embedded in the bail regulations, he further stressed that his client is a primary caregiver, for which she was admitted to bail by the police.
Both accused persons were remanded in custody and the matter adjourned to today, 19th August, 2020.
The judge ordered that the court ensures that jurors are selected today.
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