By Sahr Ibrahim Komba
FREETOWN, Oct. 28 (SALONE TIMES) – On the 20th October 2021 Ahmed Issa Kamara Alias Joshua appeared before Justice Alhaji Momoh Jah Stevens on a four count charge ranging from making indecent material, circulating indecent materials, circulating indecent material on different dates and possessing indecent materials all contrary to section 18 of the sexual offences act 2012 as amended in 2019.
According to the particulars of the offence the accused on a date unknown between the 1st day of March 2020, and the 8th day of April 2020 at Freetown in the Western Area of the Republic of Sierra Leone made and circulated a nude video of the complainant performing oral sex on the said Ahmed Issa Kamara to the Vandy Sheku Barbay same offending against recognized standards of propriety and cultural value.
According to the complainant, she knew the accused as her boyfriend and she had known the accused for over five years. The accused was cohabiting with her at Scan Drive, Spur Road Freetown. According to the particulars of the offence, on the 3rd day of April 2020, the complainant received a WhatsApp message from Nicholas Gichuru Ngugi (the father of her son) concerning a video he received from the accused. The said WhatsApp message contained a nude video of her and the accused performing oral sex. That when she confronted the accused about the said video the accused threatened to destroy her. She later reported the matter to the Police.
Sheku Barbay from Kenema who also testified in the proceeding said he is the uncle of complainant and knows the accused person as the fiancé of the complainant. He said between the 1st March 2020 and the 8th April 2020 he and the accused person had a phone conversation and later saw a video message in his phone number 088584545 from 078 310173. He later downloaded the content and saw the complainant and accused making oral sex. Mr. Barbay said he expressed his dissatisfaction to the accused and the accused later apologized to him but refused his apology. He was later called upon to make statement at the Criminal Investigation Headquarters in Freetown.
In a submission by M. P Sesay Esq for the state said that according to the evidences provided to the court, the accused person should be found guilty of all four count charges because the accused person owned the phone and the Act prohibited the making of indecent material and the accused did that. The Video was also circulated by the accused person and the evidence showed that there was conversation between the accused and the ex-boyfriend of the complainant. He added that the testimony of the accused is consistence with the one he made to the Police. He concluded that the accused should be considered guilty based on the evidences provided to the court.
The defense headed by C Taylor Young. Esq submits that they do not have a witness but stand by what they said in court. Mr. Young said that prosecution has failed in the matter. He further added that the complainant said they usually make videos whenever they make love and complainant gave consent before making the video and that alone cast doubt on the matter. He said further doubt is also cast on who was making the video. In one of the videos the complaint was holding the phone this further show that the complaint consented. Mr. Young further said that there is no evidence to show conversation between the accused and the Kenyan man and because of this the accused should be acquitted and discharged.
In delivering the sentence, Hon Justice Steven cautioned that men should be mindful in treating women as they should be well respected.
The Hon Justice Stevens said the prosecution had proved its case beyond reasonable doubt which is the standard in criminal law, stating that the accused is found guilty as charged in all four counts.
The accused was sentenced to five years imprisonment or to pay a fine of twenty Million Leones for each count charge and to also pay twenty million Leones compensation fee to the victim.
