December 2, 2016 By Hassan Gbassay Koroma
The State through the Law Officers Department has yesterday (1st December, 2016) commenced a sexual penetration matter involving one David Sabona, a forty-five year old man, who allegedly penetrated a two years old girl in Freetown.
The accused is in court on a count’s charge of sexual penetration, contrary to Section 19 of the Sexual Offences Act No.12 of 2012.
State Prosecutor, E.Y Manner, alleges that on 25th January, 2016 in Freetown, the accused penetrated a child under the age of eighteen years to wit two years.
Making her application before Justice Monfred Sesay, prosecutor Manner applied that the accused be tried by judge alone, citing Section 144(2) of the Criminal Procedure Act of 1965 and stated that the application was made in the interest of justice and speedy trial.
In her opening address, Prosecutor Manner said the accused was charged to court on a count’s charge of sexual penetration, contrary to Section 19 of the Sexual Offences Act of 2012.
She said the prosecution would rely on the definition of sexual penetration as stipulated in Section one of the Sexual Offences Act of 2012, and that the burden was now on them to prove their case beyond all reasonable doubts.
She said the prosecution was of the duty to establish two important facts-that indeed the accused penetrated the victim, and at the time of the penetration, the victim was below eighteen years to wit 2 years.
Giving a brief fact of the matter, Prosecutor Manner told the court that on Monday 25th January, 2016 the mother of the victim went out to conduct business and that upon her return; she couldn’t find her daughter at home until after several shouting that she overheard the victim crying in the room of the accused.
She said the mother went to the door of the accused and knocked but he refused to open until after the intervention of some neighbours.
She further testified that when the accused opened the door, the mother noticed that blood was oozing from the private part of the victim and that she also observed that there were several bruises on her private part.
She continues that the mother reported the matter to the police, who subsequently charged the matter to court.