Justice Samuel O. Taylor yesterday 19th August 2020 reviewed the trial by jury application that was granted to the accused on Tuesday, and has now ordered he be tried by a judge alone, and further denied him bail. Prior to the ruling, the judge went through the affidavit of opposition sworn to by state counsel Umu Sumaray on 19th August 2020 with regards to the bail application by counsel for the accused on Tuesday. Among the issues raised by Madam Sumaray are that granting the accused persons bail would give them the tendency to interfere with prosecution witnesses, as most of their witnesses are in Kono.
She also pointed out that the offences which Kamarimba and Harouni are charged with are very serious, and knowing the consequences of the allegations, she said granting bail could see the accused flee Sierra Leone to escape justice. Replying to her application in opposition, the lead counsel for the first accused, Emmanuel Saffa Abdulai called on the judge to strike out the said application, calling the document a mere speculation as opposed to the fact.
Mr Abdulai said the law governing affidavit evidence is based on fact, citing Order 31 Rule 1 and 2 of the High Court Rules of 2007. “My Lord, the application before you is mainly supposition,” he said, and tagged the affidavit a “manifestly oppressive” document to prevent his client from getting bail. The lead counsel for the second accused, lawyer A.K. Koroma, also described the affidavit in opposition as an improper and undated document.
“This in itself is not an affidavit,” Koroma stressed.
In his ruling, the judge said the matter is in preliminary stage and that the evidence is yet to unravel, adding the bail decision should be left in the hands of the trial judge. The state alleged that on 14th February 2020 in Kono, the former ADP standard bearer sexually penetrated an underage girl.
He was charged with eight counts of related sexual offences together with Marion Harouni. The judge remanded the accused and adjourned the matter to August 26th 2020.
By Mohamed J.Bah