September 21, 2017 By Memunatu Bangura
Principe Magistrate of the Freetown Magistrates’ court No.1, Albert Moody,yesterday granted a bail of fifty million Leones and two sureties in like sum to twenty-five years old Anthony Sesay for alleged sexual penetration.
Antony Sesay and Emma Kumbasa were charged with three counts of sexual penetration and harbouring contrary to the laws of Sierra Leone.
The particulars of offence stated that the first accused person (Anthony Sesay) on a date between 1st February, 2017 and 10th June, 2017 at Blackhall Road, sexually penetrated a child below eighteen years to wit sixteen years.
The prosecution also alleged that the accused on a date between 15th May, 2017 and 10th June, 2017, harboured a child below eighteen years to wit sixteen years contrary to section 20 (1) (a) of the Perverting of Cruelty to Children Act Cap 31 of the laws of Sierra Leone.
Also, the second accused (Emma Kumbasa) on the dates stated above harbored a child below the age of eighteen years to wit sixteen years.
Lawyer for the second accused, Mohamed Lamin Tarawallie made an application of ‘no case submission’, asking the court to discharge his client because the evidence before the court has not in any way proven that he was part of the offences as charged.
He further applied that by the evidence of the first and second prosecution witnesses, the investigations were not enough to warrant any conviction to stand trial in the High Court.
According to him, his client was brought before the court for harbouring and the victim in her evidence in chief and under cross examination, had admitted that the second accused had no knowledge about what was happening between her (the victim) and the first accused person.
Lawyer Tarawallie added that his client was never present at the time the victim was going to the house of the first accused person with no evidence to show that the he harbored the victim.
Magistrate Moody discharged the second accused (Emma Kumbasa) for want of evidence and committed the first accused to the High Court for further hearing.
Meanwhile, the sixteen years old victim is already six months pregnant as a result of the sexual intercourse she had with the first accused person.