Mussa at the court
There were expectations that Mussa John would be released today but the High Court in Blantyre has only reduced Mussa’s eight year sentence to three years.
Mussa was sentenced to eight years in prison in June this year for being found possession of 78 plastic bags of Chamba (cannabis sativa) at a house.
The sentence caused uproar and the High Court agreed to review the ruling, especially as it came after others, including Castel Malawi Limited boss Herve Milhade, were only fined for a similar offence.
In a review application, Mussa argued that he was never in possession of Indian Hemp and that he was charged with a different provision and convicted with another provision.
Mussa further applied for review on grounds that there was failure by the lower court to follow procedure where there is a plea of guilty and that he had a clear defence which was in the evidence presented by the State to the Court to support the plea and that even if the conviction were to be correct, the sentence was extremely excessive and unprecedented.
Today, High Court Chima has not released Mussa but has merely reduced his sentence to three years.
Meanwhile, defence lawyers have told the local media that they will appeal the ruling at the Supreme Court of Appeal.
Reacting to the ruling, rapper Fredokiss, who has been pushing for Mussa’s release and was at the court today, has said he is disappointed with the ruling.
Fredokiss has said he will go ahead with plans to lead demonstrations on September 15 pushing for the release of Mussa. He said youths are not satisfied with the ruling because many people are only fined when they commit similar offences.
Malawians on social media have also argued that the reduced sentenced is itself excessive.
Social media commentator Joshua Chisa Mbele said the case must be heard by a full bench of the Supreme Court.
“This nonsense must stop. The Child didn’t kill anybody. He did not break into someone’s home. He was found with a mere vegetable,” he said.
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