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Sierra Leone: No rape charges in death of Baby Kadija

  • Kadija

By Francis H. Murray

Mariama Sajor Barrie and Ibrahim Bah, the two people accused of murdering five-year old Kadija Saccoh, appeared before Magistrate Mark Ngegba on Tuesday for preliminary investigations into the charges which also include conspiracy to murder.

The prosecution alleges that the accused persons on the 1st May 2020 and on diverse dates between that day and Wednesday 17th June, at No. 23 Spur Road in the Western Area of Freetown, conspired with other persons unknown to murder Kadija Madiatu Saccoh.

State prosecutor Joseph Sesay made an application pursuant to the relevant sections of the Criminal Procedure Act for the amendment of the particulars of offense in respect of count two, with the deletion of the word ‘‘unlawfully’’, to be replaced with the word ‘‘murdered’’.  He said the application was made in the interest of justice and that no injustice will be served on the accused persons should the magistrate approve the application because no evidence has been brought before the court.

Magistrate Ngegba granted the application for the amendment to be made to count two.

In his testimony, first prosecution witness, consultant pathologist Dr. Simeon Owis Koroma said he recalled performing an autopsy on the remains of the deceased.  The witness said the deceased suffered spinal cord injury with a swollen neck and a fractured bone in the neck, adding that the primary signs of virginity were absent.

He said the death was caused by manual strangulation leading to a neurogenic shock, fractures with the cervical vertebrae and an injured spinal cord that was still bleeding at the time of the examination.       

The witness disclosed that although there was some sort of penetration, Kadija’s death was not as a result of sexual penetration as alleged.

“Virginal penetration was not the cause of death because there was no bleeding, no bruises on the virgina, no remains of hymen and no swelling,” he stated.

Lead defense lawyer for the accused persons, Alhaji M. Kamara, could not cross-examine the witness on the grounds that they didn’t have any idea of the content of his evidence and therefore asked for an adjournment to be able to examine the report and be in a position to cross-examine him on the next adjourn date.

The matter was adjourned to the 4th of August 2020.   

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