By Feima Sesay
A High court in Freetown has yesterday, 18th August, 2020 denied bail to Opposition Leader of the Alliance Democratic Party (ADP) Mohamed Kamarainba Mansaray who is standing trial on accusations of rape.
He was sent to jail together with the Manager of Daimond Hotel, Marion Arouni who has also been accused of conspiracy and other offences related to the rape case. They have both pleaded not guilty to the alleged offences.
The Judge, Justice Samuel Taylor who presides over the Sexual offences division court had ordered that he (Mansaray) be remanded at the Correctional Services till today which is schedule to be the adjoined date. Justice Taylor further ordered the clerk of the court to confer with the authority to ensure that the Jurors are today in court.
Justice Taylor also ordered the State prosecutors to file in an affidavit properly to support their opposition to bail.
Earlier, one of the state’s prosecutors Lawyer Umu Sumare had applied for both the accursed persons to be tried by a Judge alone instead of a Judge and Jury trail.
Lawyer Sumare cited sections in the law as; ‘’ pursuant to section 144 sub section 2 of the Criminal Procedure Act No32 of 1965 as repealed and replaced by section 3 of the Criminal Procedure Amendment Act No11 of 1981. ‘’
She told the court that her application was authorized by the Director of Public Prosecution signed and dated 13 August 2020. Defense Lawyer for Mr. Mansaray , Emmanuel Saffa Abdulai objected to the application made by the state, on the grounds that his client preferred the case to be tried by a Judge and Jury in the interest of Justice.
He argued that his application was in pursuant to section 146 sub section 3 of the Criminal Procedure Act (CPA) 1965, noting that section 146 is mandatory that when a man is charged with such serious offences he/she must be tried by ‘’piers.’’
He argued that the fundamental purpose of bringing an accused to court for criminal offences is to ensure that Justice is served and that in so doing accused must elect the mode of trial. An argument that was supported by Lawyer A.K Koroma representing the second accused Marion Arouni. He said that his client had peculiar characteristics that fall within the ambit of those that should benefit from the provision of regulations 2018.
He told the court that Madam Arouni is the primary care giver of her three kids and that it was because of that very reason that she was granted bail at the police station.
He said that refusing him bail will be tantamount to punishment; citing that the star witness in the case is protected by the police; therefore there is no way his client would interfere with the prosecution’s witnesses.
He based his application pursuant to section 79 of the CPA 1965 and further noted that the state prosecutor has no affidavits to support her opposition to bail, which is mandatory by law, according to Mr Abdulai.
State prosecutors have accused Mr Mansaray of Penetrating a 15 year old girl .
He has spent about 29 days at in police detention in Freetown. He faces an eight counts charge of conspiracy contrary to section 43 (b) of the sexual offences act No12 of 2012, sexual penetration contrary to section 19 of the sexual offences act No12 of 2012 as repealed and replaced by section 4(3a) of the sexual offences amendment act of 2019 Act No8 of 2019; meeting a child for sexual purpose contrary to section 23(1a) of the sexual offences act 2012 ; and other related offences all contrary to the laws of Sierra Leone.
The police alleged that Mohamed Kamarainba Mansaray and Marion Arouni on diverse dates between 1st March, 2020 and on diverse dates between the 30th March, 2020 in Freetown ‘’conspired together and with other persons unknown to commit sexual penetration.’’ The indictment said.
The police further said that on counts 2,3,4 &5 that the first accused Mohamed K. Mansaray on diverse dates between 14th February, 2020 and on 30th March, 2020 in the eastern town Kono ; and Freetown did engaged in an act of sexual penetration of a child below the age of 18 years.
Counts 6&7 said that the first accused on the aforementioned dates in Freetown; and Kono intentionally meet a child for sexual purpose. And Count 8 said that the second accused, Marion Aroun on a date in February; and March 2020 conspired together by ‘’aiding and abetting’’Mr. Mansaray to sexually penetrate a child.