November 30, 2021
By Ibrahim Kabba Turay
65-years-old Mohamed Conteh was yesterday sentenced by Justice Momoh Jah Stevens to sixteen years imprisonment after he was found guilty of sexually abusing her biological daughter.
Mohamed Conteh was in court on two counts of committing incest contrary to Section 10 (1) of the Sexual Offenses Act 2012, Act No. 12 of 2012.
The state prosecutor, M.P. Sesay alleges that the accused Mohamed Conteh between 1st January, 2017 and 31st December, 2017 at Orsu Guest House, Lungi in Port Loko District, engaged in an act of sexual intercourse with the victim- his daughter.
In his ruling, Justice Momoh Jah Stevens said it is undisputable that the victim is the daughter of the accused; hence the fiancé of the convict abandoned the victim.
The judge noted that the victim is the biological daughter of the convict and that he had no option but to take full responsibility of the victim.
He recalled that the second defense witness confirmed that the victim had been under her care since she was five month old.
He added that it’s also clear that the convict started sexual advances towards the victim in Freetown in 2017, and that the act of the convict to travel with the victim from Freetown to Lungi at a guest house where he first had sexual intercourse with her, was deliberate.
He said it’s also clear that the victim was pregnant as stated in both endorsed medical reports.
“I submit from the entirety of the evidence that the victim only became pregnant when her dad slept with her in the same guest house in Lungi for a period of time and in another guest house in Kambia. This action of the accused is considered sinful, disdainful and unorthodox,” he said.
“I submit that the accused capitalizing on the position of vulnerability of the victim with the sole aim or purpose of exploiting the victim through sexual intercourse, it’s really sinful for the accused to sum up courage in sexually exploiting his own daughter.”
“I therefore submit that the case of the prosecution is consistent and well corroborated, and has been established beyond reasonable doubt. I also submit that the prosecution has succeeded in proving evidence of sexual intercourse leading to the victim being impregnated by the accused,” he said.
He said the defense’s case was weak and uncorroborated as the accused made several confessional statements, such as he took the victim to a guest house in Lungi and shared the same room with the victim for three months.
“I therefore hold that the accused is guilty on count one and count two. The accused is sentenced to sixteen year for both counts. Both sentences should run concurrently.”
He ordered that in accordance with Section 37 (2) (F) of the Sexual Offences Act of 2012, “I hereby ordered the convict to pay a compensation to the victim in the sum of thirty million Leones for emotional distress, pain and suffering the victim endured at the hands of the accused.”
He said the convict must pay immediately after serving his jail term and that should he fails to pay the victim, she can institute an action in civil for the recovery of the said amount before this court.