August 20, 2020
By Hassan G.Koroma
Justice Samuel O. Taylor, yesterday, Wednesday (19th August) reversed his earlier decision for the Sierra Leone 2018 presidential candidate of the Alliance Democratic Party (ADP) Mohamed Kamarianba Mansaray, to be tried by judge and jury.
The judge also denied a bail application made for both accused persons and remanded them to the Male and Female Correctional Centres respectively.
On Tuesday 18th of August, lawyer Emmanuel Saffa Abdulia, representing Mohamed Kamarianba Mansaray in the alleged conspiracy and sexual penetration trial, made an application for his client to be tried by judge and jury.
The presiding judge, Samuel O. Taylor, granted the application and ordered the judiciary to make sure they have the jurors ready for empaneling on the next adjournment date.
Lawyer Abdulai who leads a battery of 10 lawyers had also applied for his client to be granted bail, stating several reasons as to why the court should grant his client bail.
Opposing to the bail application by a way of affidavit, the State Prosecutor, Umu Sumaray, submitted that the gravity of the offences charged and the general public’s repugnance of those offences and the fact alleged, made them very serious.
She said the charges for which the accused persons are in court are very serious and if found guilty they might be sentenced for a very long term and even be sentenced to life imprisonment.
She further told the court that the accused being an influential figure in the political arena in the court is a flight risk and might flee the country if granted bail, noting the accused might interfere with the prosecution witnesses.
In his reply, lawyer Emmanuel Saffa Abdulia objected to the entirety of the affidavit, stating that many of the things in the affidavit are untrue, thus submitting that his client be granted bail as his fundamental human right.
Counsel for the second accused also objected to the entirety of the affidavit in opposition, noting that the said affidavit lacks date and by the rules such affidavit should be stroke out.
Mohamed Kamarainba Mansaray was charged together with Marion Arouni on eight counts charges ranging from conspiracy to sexual offence.
According to the particulars of offence, the accused persons on a date unknown between March 1 to 31, 2020, conspired with other persons unknown to commit the offence of sexual penetration contrary to Section 43(b) and 19 of the Sexual offense Act of 2012 as repealed and replaced by Section 4 (a)(III) of the Sexual Offenses (Amendment) Act of 2019.
The matter to continues.