Hon. Justice Alhaji Momoh-Jah Stevens, a Court of Appeal Judge presiding over cases at the Sexual Offences Model Court, has imprisoned 45-year-old Thaimu Kamara for the offence of rape.
Thaimu Kamara, a Fisherman, was accused of rape contrary to Section 6 of the Sexual Offences Act 2012, Act No. 12 of 2012 as repealed and replaced by Section 2 (ii) of the Sexual Offences amendment Act No. 8 of 2019.
The Particulars of Offences revealed that the Accused, Thaimu Kamara on the 15th day of June 2022 in Freetown, Western Area of the Republic of Sierra Leone, engaged in an act of sexual penetration with a victim (an old woman) who was Seventy Years on the date of the said allegation.
The Accused Thaimu initially pleaded not guilty. The Prosecution in furtherance of its case filed a trial by a Judge alone application instead of a Judge and jury in accordance with Section 144(2) of the Criminal Procedure Act No. 32 of 1965 as repealed and replaced by Section 3 of the Criminal Procedure amendment Act No.11 of 1981.
The Accused did not object to him being tried alone by a Judge.
The Court granted the application for a trial by a Judge alone instead of a Judge and Jury since such application was made by the Prosecution in the interest of justice and fair play.
The Prosecution mainly led the formal Witness, a Police Officer-Detective Sergeant 11196 Mohamed Musa, who testified in Court that a report of Rape was made to the Police at Aberdeen Police Station, in the West End of Freetown on the 15th June 2022 by the Victim, an elder woman of Seventy years of age. The Victim was sent for Medical and an endorsed Medical report was tendered in Court. The Formal Witness testified in Court that the Accused was arrested; adding that the Accused did not deny the allegation of Rape. In other words, the Accused made a Confessional Statement.
The Witness was not crossed examined because the accused, Thaimu Kamara later admitted in open Court to the commission of the offence of Rape. The Charge was again read and explained, and the Accused now pleaded guilty. The Prosecution closed its case.
In his allocutus, the Accused begged for mercy.
According to Hon. Justice Momoh-Jah Stevens, since the Accused did not waste the Court’s time and had changed his plea to guilty during the testimony of the first Prosecution Witness, “I shall impose the minimum sentence.”
The accused Thaimu Kamara is sentenced to fifteen years imprisonment.
