By Francis H. Murray
More witnesses have testified at the Sexual Offenses division of the High Court in Freetown in the ongoing trial of the leader of the Alliance Democratic Party (ADP), Mohamed Kamarainba Mansaray, who is alleged to have sexually penetrated a 15-year old girl.
Led in evidence by State Prosecutor Umu Sumaray, the second prosecution witness, Mary Sia Tommy, a nurse attached to the Static Under - 5 Clinic, Koidu Government Hospital, with a 17-year experience, recognized the second accused person and described the victim as one of her clinical patients.
The witness said that some of her duties included giving family planning services to prevent unwanted pregnancies and deaths, antenatal care to pregnant women, immunization of children, postnatal care, as well as referral of high risk cases and keeping records of under fives and pregnant women.
She recalled that on the 7th February, 2020, the 2nd accused took the victim to the under 5 clinic and asked her to do a contraceptive implant on her, which was meant to prevent her from getting pregnant.
She added that the 2nd accused further told her that the victim was on some other medication that caused her excessive bleeding, which was why she had brought her for the implant.
‘‘In administering any contraceptive, we have certain criteria that we take into consideration. We first ask the person if she has started her menstrual cycle, we take their blood pressure, measure their weight, take their name and age. But in this case, the patient said she was 15 years old and had started her menstrual cycle. So we took her to the family planning department where I gave her pre-counseling, and we administered the implant and gave them the post counseling,’’ she stated.
She added that the activity was documented in the clinic register with serial number 58 and dated 7th February, 2020, and a client card given to the alleged victim. The witness went on to say that the contraceptive implant is active for 3 years and only admissible to a non-virgin girl child, who has started having her menstrual cycle.
Under cross examination by lawyer Samuel Momodu Konteh, on behalf of the 1st accused, the witness stressed that she has spent all of her 17 years of service at the family planning department.
When also cross-examined by Lawyer J. M Gengo, on behalf of the 2nd accused, the witness noted that she was born in 1968, and also confirmed making a statement to the police.
When challenged that she had deceived the court about her age given during evidence in court, which conflicted with the one she gave to the police, the witness said she was under pressure at the time.
She also stressed that the insertion was done on the 7th February with an expiry date of 10th February 2023.
The witness also confirmed that at the time of the insertion, the 2nd accused person was not present, but that she took the victim to the clinic.
Third prosecution witness, Dr. Daniel Lavalie, Medical Superintendent attached to the Koidu Government Hospital, confirmed to have medically examined the victim. He said some of his duties included overseeing the administrative and clinical aspect of the hospital, day to day running of the hospital, which include staff and patient welfare and also monitoring of all other departments within the hospital.
‘‘The clinical aspect is to work with my other patients on outpatient surgery as well as on inpatient basis, in order to ensure quality service. I give surgical care to patients that are in dire need, write medical reports when the need arises as in the present case,’’ he stated.
He recalled that on the 17th July, 2020, he medically examined and treated the victim based upon a police medical request form, adding that the victim was counselled and later examined by nurses and midwives and the findings sent to him, to be transformed into a report.
‘‘Nothing significant in the abdomen was visible as it was impalpable, no signs of recent trauma was seen around the external vagina, as the hymen was ruptured a long time ago. There must have been multiple intercourse, which were not recent. A pregnancy test was conducted and it turned out to be negative, even though that was an implant in the right upper mid arm,’’ he narrated.
Under cross-examination by Lawyer Amadu Koroma, who represents the 1st accused, the witness stressed that the medical examination was done at the request of the police to ascertain whether the act of sexual penetration did occur on the victim.
When asked whether he was supplied with the blood sample from any man with which the examination was to be done, the witness denied, saying that only the police request form was brought to him by the victim, adding that no DNA samples were looked for, nor swab test conducted and taken to any lab, as such tests were not available in the country.
He added that no sample of semen or blood was found on the victim and he could also not tell who did it and under which circumstances.
Fourth prosecution witness, Mbalu Sillah, a house wife, recognized the accused persons and recalled that she was home on a certain date when the 2nd accused called her together with the parents of the victim for a meeting. She went on to note that she honoured the invitation where she met the accused persons and the victim and her parents.
‘‘Marion told us during the meeting that the 1st accused had come to like the victim and had said that he wanted to help to educate her and even send her oversees and after that, marry her. So I turned around to further explain the news to the victim’s mother. So I left them and the 1st accused gave me Le 40,000 as transportation. She also told us that the 1st accused had celebrated the birthday of one of her daughters, and that he'll also be celebrating the victim's 15 year's birthday, which was eventually celebrated,’’ she explained.
Sillah went on to note that later, the 2nd accused and her family transferred to a different apartment, and that after a while, the 2nd accused invited her to her house to complain that she had sent the victim back to her parents because she had misbehaved.
‘‘One day, the victim's mother came to me and asked us to go to the house of the 2nd accused, which we did. When we got there, the victim's mother complained that when her daughter was about to leave the house of the 2nd accused, she took away all the decent clothes she had. But the 2nd accused informed us that she did so because the clothes were taken on loan for which payment had not been made. So I advised them to take it easy and avoid any confrontation. So three weeks later, the 2nd accused told me that the victim was going around and telling people that the clothes which the 1st accused bought for her were taken away, and asked me to warn the victim,’’ she explained.
The witness added that she was later invited to the police station where statement was obtained from her.
Under cross-examination by Lawyer I A. Kamara on behalf of the 1st accused, the witness said she was illiterate and couldn't recall the exact date the said meeting occurred. Lawyer Kamara argued that the witness in her testimony told the court that she only came to know the 1st accused on the day of the meeting but had told the police a different story. But she also confirmed that the 1st accused was building a house at John Kenny Street and had only come to know that during the meeting.
Under cross-examination by Lawyer J. M. Gengo on behalf of the 2nd accused, the witness stressed that she could not even tell the date of birth of her recent child. She however confirmed that she did tell the police in her statement that the meeting was held in November of 2019 but had testified in court saying that the same meeting was held in 2020. She confirmed both her statements to the police and her evidence to be true.
The mother of the victim also testified and the matter was adjourned to the 12th September 2020.
Copyright (c) 2020 Politico Online
