By Feima Sesay
One of the lead counsels for Mohamed Kamarainba Mansaray lawyer Amadu Koroma has on Wednesday 26 August 2020 informed Justice Samuel Taylor that they are going to appeal against his judgement for the matter to be tried by judge alone.
He further informed the court that they want the court to give them the opportunity to file in their appeal to the court of appeal as he said it is their legal right, and that it is the interest of Justice.
In the circumstance applied for a short date to file in their appeal.
This application came immediately when the prosecutor informed the court that she has a witness and wanted to make a token start.
State prosecutor Umu Sumaray in reply maintains her previous application for the matter to be tried by judge alone, adding that her application was already in the file and that the defense counsels should have come two days with their appeal before now pursuant to section 146 subsection 3 of the CPA.
She, however, argued that the proper foundation and proceedings have not been followed by defense counsels. She stated further that the reason why they appealing now was because they do not want the matter to proceed nor listened to the evidence, noting that all that they want is bail.
Her application was made pursuant to section 144(2) of the criminal procedure act 1965.
Lawyer J.M Jengo representing second accused Marion Arouni adopted the application made by lawyer Amadu Koroma, adding that delay is dangerous when it comes to the interest of Justice.
Justice Samuel Taylor, however, cautions that they should not only progress for the sake of progress as it involves a waste of time and resources, adding that the defense team would have come with their appeal a week before now.
Lawyer Emmanuel Saffa Abdulai also informed the court that he was reliably informed by the prison officers that his client Mohamed Kamarainba Mansaray fell on the ground with his head.
Justice Taylor, however, granted their application and adjourned the matter to Friday 28 August 2020. The accused persons were also refusing bail and remanded in Prison.
The accused Mohamed Kamarainba Mansaray and Marion Arouni were arraigned before Justice Samuel Taylor on 8 counts charges of conspiracy, sexual penetration of a child and other related offenses.
According to the indictments, the state alleged that the accused persons sometimes in March and April conspired together with other persons unknown to commit a crime to wit sexual penetration.