The state has told the High Court in Blantyre today that while it agrees that Mussa John’s 8-year sentence is excessive, it believes the custodial sentence was proper and should only be reduced.
Mussa was sentenced to eight years in prison last month after he pleaded guilty to Chamba possession. His case attracted national interest due to the eight year sentence.
Today, the High Court started hearing a review of the case and State Lawyer Gift Msume said the magistrate followed right procedure in sentencing Mussa who he said agreed with contents of a caution statement and never objected to them.
Msume agreed with Mussa’s lawyers that the sentence given to Mussa by a magistrate court is excessive considering the Mussa’s age and that he pleaded guilty. He, however, asked the court to just reduce Mussa’s eight-year sentence and not to quash it.
Lawyers representing John presented eight grounds for the review. They argued that Mussa was given an excessive custodial sentence since other offenders in the past were only fined and not given custodial sentences.
The lawyers further argued that the Magistrate Court erred in law for accepting a plea contrary to the statement recorded from the convict since Mussa was not in possession of the illicit drug and the drugs were found at the house of his friend .
Mussa’s lawyers also argued that Mussa was not represented by a lawyer during the proceedings in the magistrate court hence his rights were violated.
According to the lawyers, Mussa is aged 17 and not 19 as it was recorded in the lower court. High Court Judge Vikochi Chima said Mussa’s lawyers can make an application to be allowed to file evidence on the new age.
Mussa was arrested last month after allegedly being found with 78 plastic bags of Indian Hemp. He was sentenced to eight years in prison a few days later.
His mother revealed in an interview that Mussa was only found at a house where the drugs were being kept but the illegal drugs did not belong to him.
Mussa’s family has since been supported with over K2 million in cash and items following the arrest of the teenager.
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