By Janet A. Sesay
Kelly Jaward, a teacher at the George Washington School, Wellington in Freetown, was yesterday acquitted and discharged by Justice Monfred Sesay of the Freetown High Court.
He is alleged by the police to have penetrated a pupil of the School ,KadiatuTunkara, inside one of the classrooms during school hours.
Before delivering his judgment, Justice Sesay said the accused is charged with a count of sexual penetration of a child. The indictments indicate that the accused, on 27th October, 2027 in Freetown, engaged in an act of sexual penetration with a child below the age of eighteen years, to wit fifteen years.
He said the prosecution called five witnesses including the victim, her mother, Dr Olabisi Claudius Cole, the investigation officer and friend of the victim.
Justice Monfred also stated that the prosecution tendered three evidences in court, which include the exhibit of the torn skirt of the victim, the voluntary caution statement of the accused and the charged statement of the accused.
The Judge continued that the victim, in her testimony, said she knew the accused as her teacher and could recall the said date. She said whiles they were having a class, one Mr. Karuja called her and told her that the accused wanted to see her.
She said when she went to the accused he took her to an empty classroom where he proposed love to her.
“I refused at first, but later accepted because he was the principal of the school,” the victim told the court.
She continued that the accused demanded sex from her but refused, adding that the accused slapped her and tore her skirt and removed her pants. She said the accused penetrated her; after which she became dizzy but managed to get up and walked back to her classroom.
“I picked up my bag from my friend and went home,” she said to the court.
The victim said when she get home she reported the matter to her grandmother who also reported the matter at the police station.
Justice Sesay said the medical doctor, Dr Ola Bisi Claudius Cole, told the court that there was a complete rupture of the hymen, but there was no sperm on the victim and no injury.
The Judge continued that, in defence, the accused denied the allegation of penetrating the victim and was backed up by another witness, who told the court that he knew the accused and the victim. The other witness stated that the victim is a very disrespectful person.
“I have advised her several times to behave herself in school. At one point I went to pay fees for my son at the school and I met the victim under punishment. I had to even plead on her behalf,” the witness supporting the principal told the court.
In his judgment, Justice Monfred Sesay stated that he has looked at the evidence before him and is satisfied that the prosecution had failed to prove the element of sexual penetration against the accused.
“I therefore acquit and discharge the accused,” Justice Monfred Sesay said.