By Ibrahim Kabba Turay
Justice Momoh Jah Steven has discharged two minors-Alie Humper Bendu and Gassium Bendu (not their real names), who were alleged to have sexually penetrated a child below the age of eighteen-year to wit 14-year.
The two juveniles were in court on one count of sexual penetration contrary to Section 19 of the Sexual Offences Act of 2012, as repealed and replaced by Section 4 of the Sexual Offenses (Amendment) Act 2019 Act No. of 2019.
The state prosecutor, M.P. Sesay had alleged that the accused, on 18 February, 2022, in Freetown, Western Area District, sexually penetrated the victim who was below the age of 18-year to wit 14-year.
When the charges were put to the accused by the court’s registrar, they pleaded not guilty to the charge.
Taylor Younge, from the Legal Aid Board, applied to the court to discharge the accused because there was still not a single evidence against the accused persons since the matter was committed to the High Court.
The lawyer told the court that the matter has taken too long and that the state has not produced any witness in the matter.
Justice Momoh Jah Stevens ruled that because the state has failed to proceed with the matter, he had no option but to discharge the matter for wants of prosecution.
He further stated that he will not acquit the accused persons and that whenever the persecutions have witnesses against the accused they can bring them to court.