By Mohamed Foday Conteh
Justice John Bosco Allieu has acquitted and discharged a man named Patrick Pearce alias ‘Pastor’ of Sexual Penetration charge.
Pearce was freed at the High Court in Freetown after the Prosecution failed to tender the Charge Statement and the Voluntary Caution Statement (VCS) of the accused, in court.
The Prosecution said the man on the 19th May 2017 in Freetown engaged in an act of sexual penetration with a 12-year-old child.
The State Prosecutor, Alberta Kargbo led a total of four witnesses who testified against the accused.
The 12-year-old girl was the first prosecution witness who said that she recognised the accused.
She said that on the date in question, her mother sent her to a store to collect some plantain and because the store was dark, she went to Pearce to request for torchlight since his room was close by.
She said that Pearce told her that he has no torchlight but later gagged her mouth and forced her into his room where she said that the accused removed her pants and had sexual intercourse with her.
She told the judge that she tried to resist the accused and heard her mother calling her name but that she was unable to answer.
She said that her mother eventually came and saw her slippers outside the accused’s room which prompted her mother to try and force the door open but was unable to enter because the accused was pushing from the inside.
She said that her mother later called a woman known as Mummy, wife of the man who brought the accused to the compound, and other residents. The girl said she then came out of the room and narrated all what happened between her and the accused.
Mother of the 12-year-old girl, a petty trader was the second prosecution witness and gave almost the same narrative of events as recounted by her daughter.
She said that she later went to the police where they made a statement and were then referred to the Princess Christian Maternity Hospital (PCMH) for medical examination.
Dr. Olabisi Cole was the third prosecution witness. She said that she found that the child’s hymen was completely ruptured.
The judge drew attention to the enquiry file that should contain the VCS and Charge Statement of the accused but which the prosecution failed to tender in evidence.
Justice Allieu said both documents were of relevance to the case of the prosecution.
“The court cannot turn a blind eye to such prosecutorial blunders and therefore finds the accused not guilty of the offence as charged,” the judge said. He then acquitted and discharged Pearce.
Copyright © Político Online 22/11/21
