By: Ibrahim Kabba Turay
A 56-year-old Abubakarr Turay who happened to be the grandfather of an eleven-year-old victim has been sentenced to 15 years imprisonment after being convicted for sexually penetrating an eleven years old child.
In his judgment, Justice Manfred Sesay said the accused was standing trial before his court on one count charge of sexual penetration.
He said it was the burden of the prosecution to prove its case beyond all reasonable doubt, noting that the prosecution must prove four elements beyond all reasonable doubt.
He reiterated that the prosecution must prove that indeed the accused engaged in an act of sexual penetration with a child and that it must also prove that at the time of the offence the victim was under the age of 18 years.
He further that the prosecution must also prove that the accused had the intention at the time of the incident and that he must have engaged in an unlawful act with a child to wit sexual penetration.
He continued that the prosecution called on two witnesses, who testified in the matter.
Olabisi Claudius Cole said in her testimony in the court that the hymen around the victim’s Virginia was ruptured and that such rupture could be caused by sexual penetration or Candle.
Doctor Cole further told the court that she could not tell as to when the victim’s hymen was ruptured.
High court judge Manfred Sesay said that the prosecution did several adjournments for the remaining witnesses to come and testify in court and told the prosecution that he would go on with the matter.
However, the accused persons further denied the allegations that he had an affair with the child and stated that he was in his bedroom while the victim was in the parlour putting on her dress after taking her birth.
It was also reported that the accused and victim were in the house locked and he said he was lying in his bedroom with the boxer on and was sleeping when he heard a loud bang on the door and a group of people entered the house and took the victim to the police station.
“I am satisfied with the prosecution for proving their case beyond all reasonable doubt”, he said adding that there is an endorsed form stating that the victim is an eleven-year-old girl, the high court judge stated.
Hon. Justice Sesay questioned why would the accused locked in the house with an eleven-year-old child in the absence of her grandmother Dora Kamara who is the close friend of the accused person now convicted, as to why the victim was half-naked in the parlour locked with the accused in the room.
The Judge also said that the circumstantial evidence came from the accused himself and that he left with the victim and mother in the same house at Hooke Street, in Kissy.
“The judge said that the accused locked the house and had sex with the victim”, he said adding that the accused did an act of sexual penetration on the victim and that he is found guilty for the offence of sexually penetrating a girl aged 11 years old.
In pleading mitigation, the accused person beg for mercy and pleaded with the Judge that he will not repeat it again and informed the Judge that he is suffering from rheumatism and that he usually get attacks during the rainy season.
Justice Manfred Sesay in a cautionary note told the accused that girls are not sexual objects and that they should look for women, stating that the accused did not have a conscience as the accuse is a close friend of the grandmother, Dora Kamara and he is not satisfied with her, these things must stop.
Justice Sesay concluded that I do not think that the accused stands for mercy as he is the step-grandfather of the victim but abused his position of trust and who should have protected the victim from scavengers.
He was sentenced to 15 years imprisonment at the Pademba Road Correctional Centre.
