Main Law Courts, 10th November, 2025: The Court of Appeal has dismissed the Appeal filed by convict, Mohamed Kamarainba Mansaray for want of prosecution, pursuant to Rule 53 sub rule 6 of the Court of Appeal Rules, 1985.
It could be recalled that Mohamed Kamarainba Mansaray and co-accused, Marion Arouni, were arraigned before the Sexual Offences Model Court on eight Counts of Sexual Penetration, Meeting a Child for Sexual Purposes and Conspiracy among others. They were both convicted on 17th February, 2023 by the Court based on the evidence available.
Convict Mohamed Kamarainba Mansaray was sentenced as follows; Count one 15 years, count two 15 years, count three 15 years, count four 15 years, count five 15 years, count six 2 years, count seven 2 years and count eight 15 years.
While serving his sentence, convict Mohamed Kamarainba Mansaray through his lawyers Abdulai and Associates, fiied an Appeal against the decision and also went ahead to file an Application for bail pending Appeal at the Court of Appeal dated 6th September, 2023 together with seven exhibits including Medical Reports from the Connaught Hospital and consultant Urologist Dr. Thaim Buya Kamara contending that Convict/Appellant was seriously sick.
Representing the State, Yusuf Isaac Sesay Esq. told the Court that, “we are not opposing bail….we can only be prosecutors and not persecutors. If bail is granted, let there be speedy prosecution of the appeal.”
Consequently, convict Mohamed Kamarainba Mansaray was granted bail on 8th September, 2023. After fulfilling the bail conditions, the Master and Registrar later approved the bail pending the hearing and determination of the Appeal in the Court of Appeal.
Prior to the case being listed for hearing, the Court of Appeal Registry sent out four notices to Lawyers representing him, Abdulai and Associates, Luawa Chambers, 1st Floor, 28 Charlotte Street in Freetown.
On 20th February, 2025, the matter came up for hearing and owing to the absence of Convict/Appellant Kamaraimba, his surety and his lawyers, a Warrant of Arrest was issued for the Convict/Appellant and surety Aisha Baby Mansaray of No. 7 Tucker Lane, Majay Town in Freetown for failing to appear before the Court.
The Court of Appeal again ordered that the Registry serve another Notice on the Convict’s Lawyers, including Pious Sesay Esq. and his surety. It was also ordered that the Registry paste the said notice on the wall of the law firm representing Mohamed Kamarainba Mansaray as a means of notification for today’s hearing. Despite those efforts, no official response or formal correspondence was sent to the Court.
During the proceedings, Yusuf Isaac Sesay Esq. on behalf of the State applied for Kamaraimba’s Appeal to be dismissed under Rule 53 sub rule 6 of the Court of Appeal Rules of 1985. The Court of Appeal presided over by Honourable Justice Abdullai M. Bangurah JSC (presiding judge), Honourable Justice Tonia Barnett JA and Honourable Justice Simeon A. Allieu granted the application and ordered the issuance of a Bench Warrant for the immediate arrest of convict Mohamed Kamarainba Mansaray. In addition, the Bench Warrant that was issued for the arrest of the surety, Aisha Mansaray, was also enforced.
The Appellate Court emphasized that, “Convict Kamaraimba has a duty to surrender to the Court in fulfilment of his bail conditions and remaining unlawfully at large, constitutes a breach of those conditions.”
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