Access to Justice for 500 Women in Sierra Leone

Diana Foday (not real name) was arrested and charged with the offence of Wounding and Assault Occasioning Actual Bodily Harm (OABH), following a domestic dispute involving her sister-in-law

Client has been in a relationship with her boyfriend, for over nine (9) years, and they all reside in the same household. The complainant Fatu is the younger sister of Diana’s boyfriend.

One day, a misunderstanding arose within the household. A heated argument broke out between the complainant and her brother. During the altercation, the brother physically assaulted her after she allegedly insulted him.

In retaliation, complainant directed her anger at the client’s three years old child. This action provoked client and she confronted complainant leading to a fight between the two women. Subsequently, the complainant reported the matter to the police, resulting in the arrest of client on allegations of wounding and assault. Later, fearing the implications of the situation-particularly because the complainant was pregnant, client fled to her uncle’s residence, where she remained until her eventual arrest by the police. After some days at the police, she was charged to court and placed in remand at the female correctional centre.

During the court proceedings it was realized that the dispute was fundamentally a domestic and family related conflict therefore, mediation efforts was initiated between the parties. The magistrate was informed about the findings and he approved to ensure that the matter was handled in a manner that promoted justice while also considering the family dynamics involved.

Through mediation and negotiation, both parties reached a mutual understanding. The complainant accepted to discontinue the matter and reconciled with the detainee.

The complainant informed the court that she did not wish to proceed with the matter in court, leading to the case being discharged for want of prosecution. This outcome was largely influenced by the successful mediation process, which de-escalated tensions and restored some level of harmony within the family.

This case highlights the importance of Alternative Dispute Resolution (ADR) mechanisms, particularly in family related matters. AdvocAid’s intervention contributed significantly to achieving a peaceful resolution without prolonged litigation and incarceration.

The case underscores the value accessing timely legal intervention. Through mediation we are able to promote restorative justice, protecting vulnerable parties (especially women with children), and reducing the burden on the formal justice system.