By Amin Kef Sesay
On the 1st September 2020, during the trial of the sexual penetration matter before the Hon. Justice, Samuel Taylor, involving Mohamed Kamarainba as the 1st accused person or alleged perpetrator and the second accused, Marion Arouni,, the Defence Lawyers, Emmanuel Saffa Abdulai and J.M Jengo, representing the two accused persons, cross examined the Prosecution Witness 1 (PW1), who happens to be the alleged victim of the criminal act.
When asked the name of her mother, the witness said her mother’s name is Tigidankay Sannoh.
The witness, during cross-examination, confirmed that they used to live at No16 John Kheilie Street but later relocated to No 9 Fabanada Street in Kono, before the alleged incident.
When she was asked what her mother is doing for a living, she responded by stating that her mother is just a house wife saying her father whose name is Vandy Sannoh is her biological father and a machine operator.
The alleged victim told the court that during the investigation, she was taken to the residence of Kamarainba in Freetown in the company of the Police but said she could not remember the house.
At that juncture, Defence Lawyer Saffa Abdulai put it to her that the reason why she passed the junction at Femi Tunner Drive leading to Kamarainba’s house during the said trip was because she has no existing knowledge where the house is situated. She answered in the affirmative.
Kamarainba’s Defence Lawyer further put it to the witness that the house of the first accused has 4 bed rooms instead of three as it was earlier stated and again she confirmed such to be true.
Saffa Abdulai maintained, during cross-examination, that when they visited the house when the investigation was ongoing, the bathroom was on the right hand side of the house and not on the left and that at the immediate right was the wardrobe. This again the alleged victim confirmed to be true.
When the issue of ‘Captain Band’, as stated by the victim in her testimony came up, the lawyer disclosed that according to the hospital record, the victim went to insert the said ‘Captain Band’ on the 7th &10th of February 2020.
In her reply, the alleged victim said she could not recall the exact date but it was on a Monday and that she went to the hospital before Valentine’s Day.
When she was questioned as to whether her mother had been taking her to a hospital for injections before the alleged incident she said she could not recall but added that before inserting the ‘Captain Band’, she was not menstruating, but said now she has started seeing her menses.
Quizzed about when she started seeing her menses the alleged victim stated that she was at age 13 when she started experiencing her menstrual period.
Defence Lawyer Saffa Abdulai strongly told the witness that she lied in her testimony in court by stating that the accused took her in a green vehicle when in her statement to the Police she said the accused took her in his grey vehicle.
She also confirmed that she mentioned ‘Diamond Lodge Hotel’ in her statement to the Police on two occasions, first was on the 17th and 21st July 2020, noting that at ‘Diamond Lodge Hotel’ the accused took her to a room and parlour and that on the 14th February 2020, they went to the hotel at around 4 pm.
The victim also revealed that the sexual intercourse she had with the first accused on the 14th February was the first time of having a sexual affair and that after the process she went to the bathroom on her own without any help.
The victim’s statement was shown to her and she confirmed that it was her statement she made to the Police.
Lawyer Abdulai demanded that the statement of the victim containing 21 pages to be part of the court records pursuant to Section 190 Sub-Section 2 of the Criminal Procedure Act No32 of 1965. His application was granted.
In responding to further cross examination the alleged victim agreed that it was the second accused person, Marion Arouni, who brought her to Freetown in March 2020 and that the first accused visited them.
However, when Lawyer Abdulai told the witness that the burial she alleged they came for in Freetown was not in March but in February, in her reply she disagreed that it was in March and not February.
The Lawyer further put it to her that on the said 14th February 2020, when she alleged she was tampered with by the first accused, Mohamed Kamarainba, was not true, because his client was not in Kono at that time and had never taken her to Diamond Lodge Hotel as alleged by her in her testimony. She confirmed that the accused did take her to Diamond Lodge hotel twice and they had sex.
In further cross-examination, the Defence Counsel confronted the victim that the first accused had never had sexual intercourse with her, the witness in reply said the accused had sex with her.
Relatedly, Lawyer J. M Jengo, the Defence Counsel for the second accused, Marion Arouni, in his cross-examination said the alleged victim was born in Mesima Section in Bo Town. The witness answered in the affirmative. When she was questioned as to who one Pa Jaih is she said Pa Jaih is her grandfather.
He further revealed that the witness’ biological mother is one Tianga Jaih and not Tigidankay Sannoh. The witness in her reply said the names are the same.
She confirmed knowing the first accused Mohamed Kamarainba Mansaray sometime in January when he visited the second accused.
When the witness was confronted on her statement made to the Police on the 17th July 2020, where she stated that she only came to know the accused on the 14th February 2020, the witness in her reply confirmed that what she said was true. That she only came to know Kamarainba on 14th February and not sometime in January 2020.
“In your statement to the Police you said it was the second accused that dressed you up to go out with the first accused and that you went there twice,” lawyer Jengo asked. The witness confirmed same.
He also disclosed that the witness in her entire statement to the Police on 17th July 2020 never mentioned anything about key. But the witness in her reply said she made mention of a key.
She also told the court that she only came to Freetown when second accused, Marion’s father died and that it was for the burial in March.
“Would you be surprised to know that the father of the second accused, Pa Sima died in February and was buried in February”, Lawyer Jengo asked the witness and she replied that she is not aware.
The witness was informed that it was because of her clothes that were taken from her by second accused, Marion, that she framed her up but the witness said it was not because of that and that all what she said in her testimony was the truth.
At this stage, the Defence team renewed their application for bail but it was turned down by the learned Judge, Justice Samuel Taylor, who, however, promised that he will consider bail on the next adjourned date, which is Saturday 5 September 2020, based on the weight of evidence.
