The Malawi High Court sitting in Zomba has released 18-year-old Liasan Thomas, who was previously sentenced to 10 years in prison for defilement. He had been convicted by the Phalombe Magistrate Court in May 2023 for the offence involving a 16-year-old girl with whom he was in a relationship.
During the incident, Thomas was caught red-handed in the girl’s bedroom by her uncle. Following the conviction, he sought legal aid to appeal the sentence and was represented by Senior Legal Aid Advocate Alfred Masamba and ALAO Sinthani Sisya.
In the appeal, the Bureau argued that the Magistrate had erred by not considering the age difference, the nature of the relationship, and relevant case law.
They contended that the 10-year sentence was a heavy hand, given that both the victim and the convict were young and there was no force involved. Thomas had also pleaded guilty in the lower court.
The Bureau requested the application of Section 337(1)(b) of the Penal Code to discharge Thomas, and the Court agreed. He was released after spending over a year behind bars, a clear example of justice being served in the nick of time.
