By Janet A. Sesay
The Court of Appeal presided by Justice John Bosco Alieu, Alhaji Momoh Jah Stevens and Tonia Barnett has in the criminal appeal hearing against the State Respondent issued a bench warrant of arrest for the Appellant, Mohamed Kamaraimba Mansaray and his surety, Isha Baby Mansaray, who signed the NLe 30,000 bail bond.
The Appellant’s case came up yesterday at Court No.12 in the main law courts building on Siaka Stevens Street in Freetown, with the Appellant Mohamed Kamaraimba Mansaray and his surety and legal representative, Lawyer Emmanuel Saffa Abdulai and Associate absent, while the State Respondent Counsel Ahmed I.M. Bockarie and team were present.
No representation was made on behalf of the Appellant at the mention of the matter, even with an affidavit dated 20th February, 2025 service made to that effect.
According to the Lead Counsel for the State Respondent, he did not receive any correspondence from his colleague on the other side.
In the absent on the other side of the Appellant, Lead Counsel for the State Respondent, Lawyer Ahmed J.M.Bockare invoked Rule 53, sub-rule 5, and especially sub-rule 6 of the Court of Appeal Rules 1985.
The Presiding Justice, John Bosco Alieu said on the next adjourned date of 27th February 2025, the Court will take a radical stance.
Mr. Mohamed Kamaraimba Mansaray, a convict of sexual penetration and other related criminal offences filed a notice of appeal challenging his dissatisfaction over a Judgment delivered by Justice Samuel Omodale Taylor, dated 17th February 2023.
The thirteen grounds of appeal by Mr. Mohamed Kamaraimba Mansaray are: “Whether the trial Judge improperly admitted evidence that ought not to have been admitted, whether the trial Judge erred in law by neglecting to adequately consider the issue of alibi which the defense raised during his trial, whether the trial Judge was biased and could not have held a balance of neutrality during the trial, whether there was a lack of sufficient evidence to support a guilty verdict or whether the trial Judge improperly excluded evidence adduced by the Defense; whether the conviction is unsafe in law by violating the lurking doubt principle, or whether the Judge failed to properly and equally assess the evidence provided by the prosecution and the defense rather than unleashing a tirade to castigate the defense despite having disadvantaged them.
The particulars on grounds of appeal were stated in the Appellant Notice of Appeal filed by Abdulai and Associates, Luawa Chambers and dated 15th March 2023.