By- Aruna Rashed Toma Bangura
Justice Samuel Omodelay Taylor presiding at the Special Sexual Penetration Court has on past Friday 17th February, 2023 sentenced the Chairman and Leader and former 2018 flag bearer for the Alliance Democratic (ADP) party, Mohamed Kamarainba Mansaray to seventeen years imprisonment at the Freetown Male Correctiponal Centre along Pademba road for sexually penetrating and having multiple sexual intercourse with a 15 years old child.
Reading his sentence at the NASSIT court, Justice Samuel Omodelay Taylor said on Counts 1 and 8 which are joint counts for Mohamed Kamarainba and co-accused Marion Arouni both were sentenced to 15 years imprisonment each while for counts 2, 3, 4 and 5the 1st accused Kamarainba is sentenced to 15 years for each counts and for counts 6 and 7 both were sentenced to two years and all sentences should run concurrently.
In the court findings, Justice S.O Taylor said the Prosecution had not only proven their case of sexual penetration but the Prosecution on all counts had proven their case beyond all reasonable doubts.
He said the court found out that there was indeed a meeting between the 1st accused Kamarainba and the 15 years old child victim when the the police confronted the 2nd accused with a recording and she alluded the voice of the recording to be that of the Kamarainba. And also found that the motivational words of marrying the 15 years old child victim after she got matured and finish school he will take her to the United States of America. He said a poverty stricken victim will definitely not reject such offer made to her.
Justice S.O Taylor further said that the Prosecution has proven their case beyond all reasonable doubts that conspiracy; meeting and penetration were all done on the innocent victim as she was forward into harm’s way by her Aunty. He said the girl became fed up with the issue by stating that “ar gains, ar taya,” but her Aunt who could have protected her was the very one forcing her on the 1st accused.
He said the court held that there were sufficient prove that the victim is a child according to law, adding that any person who is under 18 years is a child. He said there is a clear indication that the girl was born on 2nd February, 2005, adding that it does not matter whether the victim was a virgin or not.
Justice S.O Taylor defined sexual penetration as any act of penetrating in the vagina, anus and mouth which he said is a kind of strict liability offence so long as penetration was committed.
He stated that the 2nd accused Marion Arouni i was a kingpin in the matter as she aided and abetted the crime by putting things in place to render the act possible, adding that the victim told the court that the 2nd accused granted the 1st accused permission because she told the victim to get ready to go out with Kamarainba.
He added that four witness accounts stated that Kamarainba slept with the victim five times starting from the 14th February, 2020.
He said a nurse with seventeen years practice in the Family Planning Department, Mary Sia Tommy told the court that the 2nd accused took the victim to the Kono Government hospital to insert a contraceptive in her hand, adding that the medical doctor who testified on oath told the court there has been multiple rupture on the victim’s vagina due to multiple sex.
Judge Taylor said in her statement the Defense witness (DW1) Isha Mansaray, who is the fiancée of Kamaraimba told the court that she was with her boyfriend in Makeni on the 14th February, 2020 as her boyfriend was suffering from serious bellyache. He said DW1 told the court that Kamarainba travelled to Makeni on the 13th February, 2020.
Justice S.O Taylor said DW2 who Kamaraimba Mansaray described himself in court as a politician and Entrepreneur and confirmed to know the victim through Marion Arouni, the 2nd accused, adding that he went on to tell the court that he had been staying at Makeni and returned to Kono on the 16th February, 2020.
He said Kamaraimba also told the court that he got to know the victim in early January 2020 and has been rendering help to the victim on her education and bought her phone but denied having sex with the then 15 years old girl.
Justice Taylor said Kamaraimba said that he visited the biological parents of the victim after he was implored by Marion Arouni to do so. And he left Kono on the 2nd February, 2020 which was the same day that the 2nd accused threw a birthday party for the victim whose exact age the Judge said both accused could not ascertain. He said Kamarainba told the court that it was a tradition for him to throw party for his workers and on the 14th February, 2020 he did the same, adding that he left Freetown on 11th February, 2020 and returned on 3rd April, 2020.
However, Justice Taylor stated that the 1st and 2nd accused created an alibi which he said the court found strange when the 1st accused Mohamed Kamaraimba told the court that he did not read his statement he made to the police during cross-examination while defining an alibi as testifying to what was never in existence.
Justice Samuel O. Taylor said that the 2nd accused, Marion Arouni told the court that the victim was her neighbor and came to know her at John Kelly street in Kono and that her children were fond of her that was why she requested to the victim’s parents for the victim to stay with her because were about to transfer to another place.
He said Marion Arouni said that the victim paid her visit and it was at this juncture that she introduced the victim to Mohamed Kamaraimba, who faithfully promised to be rendering help to the victim in her education. He said the 2nd accused explained that Kamaraimba had wanted to change the school the victim was attending to a private school but was too late, adding that the 1st accused bought phones for the victim and her daughter but said she insisted that she had at no point in time forced the victim to visit the 1st accused.
Justice Taylor furthered that Marion Arouni told the court that the victim’s mother told her that the victim was bleeding profusely and that she must render help to stop the bleeding, adding that the 2nd accused to bear witnees for her. He said Marion Arouni stated that she sent the victim on the 7th, February, 2020 to one Nurse Mary to insert a contraceptive in the hand of the victim which she threatened the victim to be as a secret between the two of them, adding that the victim’s father came to know about the contraceptive when he was playing with her daughter. He said Marion Arouni stated also that the only time she and the victim on boarded the vehicle of Kamaraimba was when they were searching for a private school for the victim.
According to the Judge, the victim gave a graphic description of the house of Kamaraimba and confirmed that the room the victim showed was among one of the rooms that Kamaraimba was sleeping as she also gave a detailed description of the Diamond Lodge hotel in Kono.
He noted that it was clear that a systemic covert plan to get the child victim was done and twelve witnesses testified against Kamaraimba.
The State Counsel, Umu Sumare in her final address to the Bench stated that she is happy that justice has been served to the victim even though her life has been threatened and attacked via social media ‘but I am happy that judgment has been served,’ she averred.
Umu Sumare pointed out two poignant facts to prove that the accused were guilty as charged: one is the phone that Kamarainba bought for the victim in which Marion Arouni was vexed about as she stated in our local parlance “pan all di sex way una don get na dis kind phone e buy for you?” and two: was when the 2nd accused told the court she could not read and write but noted that when the 1st accused visited the 2nd accused he met her writing down items she wanted to buy for the victim’s birthday.
Umu Sumare Esq said she called on 11 witnesses to prove the age, birth certificate and the sexual penetration of the victim.
The Defense Counsel for Kamaraimba, A.T Turay made plea mitigation by drawing the attention of the Bench to the deteriorating health condition of Kamaraimba whom he said has been in custody from the 21st July, 2020 at the CID headquarters. He said their client started standing trial on the 14th August, 2020 and has been on remand and health condition deteriorating drastically as they were having series of medical reports.
A.T Turay however applied for bail praying that Kamaraimba is a reputable statesman with a bright and enviable political ambition to influence change for the better lives of millions of citizens. He said it is in record that it was the state’s intention to glare up the well-dressed reputation Kamarainba had made for himself.
Justice Taylor replied the Defense counsel stating that his senior learned had made the same application but scanty ones.
The 1st accused Mohamed Kamarainba Mansaray was brought into court with heavy armed security personnel of RSLAF in an ambulance vehicle of the Sierra Leone Correctional Service and was lay on a stretcher helplessly with a flat tummy and swollen chest.
It could be recalled the former 2018 flag bearer and Chairman and Leader of the Alliance Democratic (ADP) party Mohamed Kamarainba Mansaray was indicted on the 14th day of August 2020 by the State for Sexually penetrating a 15 years old girl contrary to the Sexual Offences Act of 2012 as repealed and replaced by Section 4 of the Sexual Offences amendment Act of 2019. It was alleged that between the 14th day of February to the 31st day of March, 2020 engaged in an act of sexual penetration with a girl in both Kono and Freetown.