Sep 18, 2020
Lawyer Charles Margai joins Kamarainba team; blasts the judiciary
By Dahlianah Thomas
FREETOWN (TV-News24) — A high-powered attorney-at-law has joined the defense team of former 2018 presidential candidate Mohamed Kamarainba Mansaray who is currently being tried for sexually penetrating of a 15-year-old girl — and other charges.
A co-accused Marion Arouni faces conspiracy charges.
The accused, her mother and farther have all recently given evidence in this high-profile case.
Attorney Charles Margai in his appearance Wednesday, implored presiding Judge Samuel Taylor not to emulate previous unethical behaviors of other justices.
“I pray that you do not toe the line of former judges who have disappointed the people of Sierra Leone. If I had stayed much longer, I would have changed the mindset of the people of Sierra Leone,” Atty. Margai says in part.
Margai, also a politician, was as recent as 2018, Sierra Leone’s Attorney General and Minister of Justice.
And he wasted no time renewing bail application for Kamarainba — who has been denied bail and in jail since his July arrest.
Margai said in Sierra Leone laws, a person charged with a felony, other than murder or treason, the court may, if thinks fit, admit him bail.
“This is not a murder case. It is word against word. Every accused person is presumed innocent until proven otherwise. This is a deserving case for the people to be granted bail. If they are found guilty, let the law take its course, Atty. Margai says.
He reiterated that the accused persons deserve to be granted bail, and that ‘the case has collapsed.’
In his oral submission for bail, Margai argued to the court that Kamarainba is someone of reputable standings in the country — and a political leader of a part.
“The accused person surrendered himself when the police were on their way to arrest him. It is the duty of the applicant who is seeking bail to show to the court, among other things that the proper investigation of the case will not be prejudiced.
“Reciprocally, the prosecution also has duties to the court as officers of the court. If the prosecutor is opposing an application for bail, it behooves the prosecution from the proof of evidence or otherwise by affidavit evidence fact; which may show a strong probability of the guilt of the accused person, or that there is a likely hood of him jumping bail,” Margai said.
State prosecutor Umu Sumaray says Margai’s monologue was more of an indictment than a bail application.
She says she relies on filed affidavit with the court in August, and vehemently opposes the entire Margai’s bail application.
“My senior came in after six witnesses have testified. If he were here before now, he would have known the strength of the evidences, and would not have been here today,” Sumaray says.
Meanwhile, prosecution’s seventh witness, a detective sergeant at CID headquarters explains about investigatory steps they took in gathering evidence
“As an associate investigator in this case, I went with a team of detectives headed by the Assistant Superintendent of Police in Kono. Upon investigation, it was discovered that the ID no of the birth certificate of the victim is recorded in the Koidu government hospital and the under-five card of the victim provided by the mother shows that the victim is indeed 15-years-old,” the detective sergeant says.
He says when they arrive at Diamond Hotel — the reported crime scene — they noticed pages on the guest signing in book were torn out and missing.
The witness said they also discovered that names of guests in February and March were not recorded.
Therefore, the witness says, they arrested the hotel manager and receptionist — for conspiratorial behavior to commit sexual offences, and perversion of justice
They were later released from police custody.
The detective continues on Friday, September 18, 2020 — before the defense could have a chance to cross examine him.
Bail was again denied, and the accused persons continue to be on remand.
