Recently MW was discharged from the High Court presided over by Justice Browne-Marke after the Prosecution was left with no option but to enter no evidence against her in her trial for manslaughter.
MW stood accused of the unlawful killing of her partner AK after they had a fight in which he ended up being stabbed and died of his injuries. At the trial the Prosecution could not produce any witnesses except for the investigating police officer. It appears AK’s family were unwilling to proceed with the matter as they felt the whole incident was an accident. The Law Officer’s Department did the noble thing and offered no evidence against her.
MW’s case highlights the growing trend of women who, after years of physical, mental and emotional abuse, eventually fight back against their abuser with tragic results.
MW dropped out of secondary school when she became pregnant with AK’s baby in 2008. After MW gave birth, AK started a relationship with another woman and neglected the vulnerable, young mother. MW’s concerns about AK’s behaviour were met with violence. One night in October 2009, MW had gone to meet AK at his girlfriend’s house and ask why he had left their 1 year 3 month old child unattended at home whilst he had encouraged her to attend a party elsewhere. He and the girlfriend allegedly beat her for coming over and when they were parted by a neighbour, AK followed MW to their house. He beat her all the way to the house which was situated in a prominent residential area of Freetown; most surprising of all, no one intervened to help her. At the home, AK proceeded to throw MW’s things out of their room; words were exchanged and shortly after the fight commenced that led to the fatal wounding when MW tried to protect herself in self-defence.
From the police station to the High Court, AdvocAid (a civil society organisation which works with women in conflict with the law) was able to provide legal advice and assistance to MW. In the Magistrates Court she was represented by the Bar Association Legal Aid scheme but in the High Court by AdvocAid’s Lawyer, Simitie Lavaly. In the High Court MW’s charge was reduced from murder to manslaughter.
MW is just one of many such women assisted by AdvocAid who have killed or seriously wounded their partners by accident after their men have left them for another woman and a fight ensues between them and the partner. Even though the police were sympathetic to MW’s plight, they felt compelled to charge her for murder as that is the policy in such scenarios. But in a surprise show of empathy, the police officer involved was very happy to see the matter discharged in the High Court and congratulated our lawyer and our client on the good result.
This sad story had a happy result for MW and AdvocAid and its partners are currently trying to assist MW to go back to school and to rebuild her fragile life, shattered by a tragic accident. However, in most instances such women would be facing the gallows after a conviction for murder which carries the mandatory death sentence. This case powerfully demonstrates that we cannot simplify women in conflict with the law as “perpetrators” and demonstrates that most often women who are trapped in the criminal justice system have suffered some form of abuse or vulnerability.
AdvocAid advises any woman who is in a relationship where she is being maltreated by her partner to report the matter immediately to the nearest Family Support Unit for police protection and assistance. If she is poor and cannot afford legal advice she can seek assistance from organisations such as L.A.W.Y.E.R.S, Timap for Justice or Access to Justice Makeni.