I will not grant bail until the complainant/witnesses come and testify,” Magistrate Kamanda
“But my lord my client has appeared five times but the witnesses are not present, does he has to continue suffering?” Lawyer Koroma.
The above statements are part of the argument between Magistrate Komba Kamanda and Defense Lawyer, E.T. Koroma on Thursday, July 25, 2013 relating to a bail submission for Abu Bakar Kargbo who stands charged in Court No. 2 on one count charge of sexual penetration.
Lawyer Koroma wants his client released on bail after he had appeared five times in succession and the complainant/witness has not been appearing in court.
Abu Bakar Kargbo, resident of Lumley in Freetown is before the court on a charge of sexual penetration of a child contrary to the Sexual Offenses Act No.12 of 2012. The particulars of offence states that the accused on 26th May 2013 sexually penetrated a girl aged 12 years, an allegation which the accused denies.
The Defence Lawyer, E T. Koroma applied for the matter to be discharged on the grounds that the right of his client is important as he has been remanded in prison for quite sometimes without the appearance of the prosecution witnesses.
The presiding magistrate vehemently refused to grant the accused bail stating that sexual offenses are on the increase in the country, especially in the municipality of Freetown. He disclosed that sexual offenses are among his daily matters in court.
Also, Magistrate Kamanda noted that the interference with most prosecution witnesses in sexual offense cases is responsible for them not attending court proceedings.
He insisted that until the witnesses come and testify and a medical proof is presented that the offense was not committed, he will not discharge the matter.
“I am not saying that I will stop the crime, but I will ensure it is minimized,” the Magistrate stressed.
The Magistrate promised to order the presence of the complainant/prosecution witnesses. Bail was again refused and the matter was adjourned.
By Keifa M. Jaward
July 26, 2013
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