By Yusufu S Bangura
Thirty-seven- year-old fisherman, Thamiu Kamara, was on Monday 6th March 2023 sentenced to 15-year imprisonment by Justice Alhaji Momoh Jah Stevens presiding at the Sexual Offense Model Court for raping a 70-year-old woman.
The convict was before the court on one count of rape contrary to Section 6 of the Sexual Offense No. 2012 of 2012 as repealed and replaced by Section 2 of the Sexual Offense Amendment Act No.8 of 2019.
State prosecutor, Janneh P. Kamara, alleged that the convict on the 15th June, 2022 in Freetown, raped the 70 year-old woman.
Before the convict was sentenced, Detective Sergeant 11196 Mohamed Musa attached to the Family Support Unit, Aberdeen Police Station, said he recognized the convict and recalled on the date in question.
He said on that particular day around 3pm he was on duty at the said station when the victim and some neighbours arrested and brought the convict to the station and made a report of rape against him.
He further told the court that the matter was allocated to him for further investigations and he later obtained statement from the victim and witnesses.
The investigator said on the same day, he issued a police medical request form to the victim for treatment at the Aberdeen Women Centre, adding that the victim later returned to the station with the endorse medical form which was tendered in court as exhibit.
He added that on the same day, himself together with the victim, the convict and Detective Sergeant 1396 Sesay S. visited the scene of crime where they took photos, but nothing of police interest was found.
The witness informed the court that on the 16th June 2022 he obtained statement from the convict where he made a confessional statement
While reading his confessional statement in court, the witness said the convict told him that he stays at the same address with the victim as his neighbour.
He added that the convict further told him that he used to ask the victim for sexual intercourse especially when she had got drunk and what the victim said about him was true.
After testifying, the convict who was not represented by any lawyer said he didn’t have any questions for the witness.
However, the prosecution closed their case where she said she called one witness who testified in respect of the matter and exhibits were tendered in court to form part of the evidence.
In his judgment, Justice Stevens said it was the burden of the prosecution to prove its case beyond all reasonable doubt, noting that the prosecution must prove four elements beyond all reasonable doubt.
He reiterated that the prosecution must prove that indeed the accused engaged in an act of rape, prove that the convict had the intention at the time of the incident, and thathe must have engaged in an unlawful act with the victim.
Justice Stevens said the convict had earlier made a confessional statement to the police when he was arrested and he therefore convicted him for the offense of rape.
He also asked the convict if he had anything to tell him before he sentenced him, the convict pleads for mercy.