Court of Appeal Dismisses Kamarainba’s Appeal, Orders Immediate Arrest
The Court of Appeal of Sierra Leone has dismissed the appeal brought by convicted defendant Mohamed Kamarainba Mansaray, citing “want of prosecution” under Rule 53(6) of the Court of Appeal Rules, 1985. The appeal was struck out after Mansaray, his surety, and his legal team failed to appear for the hearing despite multiple notifications. The court ordered the immediate arrest of Mansaray and his surety, highlighting that failure to honour the bail conditions constitutes a breach.
Mansaray and his co-accused, Marion Arouni, were originally arraigned in the Sexual Offences Model Court on eight counts including sexual penetration, meeting a child for sexual purposes, and conspiracy. The judgment was delivered on 17 February 2023, with Mansaray receiving sentences of 15 years on counts one through five, 2 years on counts six and seven, and 15 years on count eight.
Prior to the appeal dismissal, Mansaray had applied for bail pending appeal on 6 September 2023, supported by medical reports from Connaught Hospital and consultant urologist Dr. Thaim Buya Kamara, asserting serious illness. The State, represented by Yusuf Isaac Sesay, stated that while it did not oppose bail, it stressed that prosecution should proceed swiftly. Bail was granted on 8 September 2023 and approved by the master and registrar of the Court of Appeal.
The charges against Mansaray and Arouni originated in proceedings within the Sexual Offences Model Court, where evidence was presented and the defendants were found guilty as charged. The eight counts encompassed serious offences involving minors and exploitation. The Court of Appeal’s use of Rule 53(6) signals a procedural discipline: where an appellant fails persistently to prosecute an appeal attend hearings or respond to notices the appeal may be struck out. In this instance, notices were sent and even posted on the law firm’s walls, yet neither Mansaray nor his lawyers responded, prompting the court’s decisive action.
Mohamed Kamarainba Mansaray emerged in Sierra Leone’s political landscape as a critic of the two dominant parties and founded the Alliance Democratic Party (ADP) in 2015 after splitting from the (APC). Born in Port Loko and raised in Koidu Town. He positioned himself as a voice for the under-represented and contested parliamentary elections under the ADP banner. Though he did not win those races, his presence symbolised a push for third party alternatives in a political system long dominated by two major parties.
