By Sall Tee Jay
Leader and Chairman of the Alliance Democratic Party, Mohamed Kamarainba Mansaray, has been almost three years in prison on allegation of sexual penetration against a minor.
Kamarainba, according to the laws of Sierra Leone, remains innocent until proven guilty by a competent court of law (presumption of innocence clause in the constitution). Since his detention, Kamarainba has suffered the worse form of human rights violations. His right of access to better health facilities has all been denied him, despite the advice by the country’s Chief Medical Officer that Kamarainba needs better health treatment, which cannot be provided in Sierra Leone.
Medical reports have indicated that Kamarainba is suffering from prostate cancer and the treatment to cure such illness cannot be provided here in Sierra Leone. Kamarainba has been granted bail by the court for almost a year now, and his bail condition has been fully met, but has still been denied bail on a flimsy excuse by the court. Few weeks ago, Kamarainba was rushed to Ecomed and 34 Hospital, where he was reported to have fallen down, as he has greatly emaciated. His health situation has become a concern that his family members are worried about losing him in prison.
Mohamed Kamarainba Mansaray was last week brought in a Correctional Service Ambulance with a registration number AJH 342, escorted from his Annex Unit of Connaught Hospital to stand trial at the High Court, on main Law Courts Building, along Siaka Stevens Street in Freetown.
The 2018 Presidential Candidate and Leader of the Alliance Democratic Party (ADP) made appearance in a white T. Shirt, short gray trousers, gray slippers, a black and white cold cap and a blue face mask, accompanied in a wheel chair by a Military Armed Officer and Correctional Service Officers.
Kamarainba has for the past six weeks been admitted at the above hospital undergoing medical treatment and observation, seen on a daily basis by Doctors Dao and T. B. Kamara.
Mohamed Kamarainba Mansaray’s lead defense counsel, Emmanuel Saffa Abdulai, sought for one more hearing before the close of the defense case.
Lawyer Emmanuel Saffa Abdulai informed the court that for the past four to five months he had been within and out of the Jurisdiction on schooling. This long absence of him (Saffa) in the matter, he said, should not be at the detriment of the accused person, Mohamed Kamarainba Mansaray, who is reportedly sick and suffering from prostrate complications
The trial Judge, Justice Samuel Omodale Taylor, said “defense counsel cannot get anything from this court, because you have treated this court with dismay and utmost disrespect.”
Justice Taylor reminded defense counsels that with all the several absence of counsels, there is no report before the Court for their various absence.
The Judge went on that Defense Counsel’s argument speaks more to the accused person’s medical condition and not seeming the progress of the court.
“What I want to know is the way forward for the proceedings, I have been on this trial for three years and if you want to benefit from me show respect”, Justice Samuel Omodale Taylor stressed.
Lawyer Emmanuel Saffa Abdulai acknowledged lapses from the side of the defense, but said he was not aware of most of those adjournments.
Justice Taylor further blamed the Correctional Service for acting without the knowledge of the court in taking and admitting the accused person (Kamarainba) at the Connaught Hospital without regards to the court.
The one more date for hearing of the defense case, sought by Lawyer Emmanuel Saffa Abdulai was overruled and a two weeks time-line adjournment was granted for closing arguments, scheduled on 17th November 2022.
Mohamed Kamarainba Mansaray and Co. accused, Marion Lamin Arouni, are before the Court, answering to related offences, including sexual penetration to aiding and abetting, contrary to Law.