The Senior Resident Magistrate Court in Zomba has acquitted Stand Alifi and Yusuf John of charges related to unlawful possession and trafficking of forest produce.
The accused were arrested on February 12, 2025, while transporting wood to Limbe for commercial purposes, with their consignment and 10-tonne lorry confiscated by the Department of Forestry on suspicion that they were operating under forged documentation.
The two were charged with being found in possession of forest produce without a permit contrary to Section 68(1)(b) of the Forests Act and trafficking of forest produce contrary to Section 68(1)(c) of the same Act.
After their arrest, Alifi and John were released on bail and later applied for legal aid. They were represented in Court by Assistant Director Zaheed Ndeketa, Senior Legal Aid Advocate Louis Mwale, with assistance from Legal Aid Officer Miriam Kaunda.
During the trial, the State paraded six witnesses to prove that the accused persons were in the wrong. The Stateās arguments centered on the view that the permit the accused were using was forged and had expired. They further argued that the wood was also being transported illegally.
However, the defense challenged the forgery claim, asserting that Alifi and John do not issue Government Receipts (GRs), and that if any forgery had occurred, it would have involved officials within the Forestry Department, not the accused.
The defense also submitted before the Court that the wood had been legally acquired and that the clients had complied with all procedural requirements, including securing the necessary documentation for transport. After considering the evidence, the Court found the two with no case to answer.
The Court agreed with the defense that forgery of documents did not occur, and the wood was transported legally. The permit expired while the two were transporting the wood, as they faced a breakdown at Naisi on their way to their destination.
In addition to the acquittal, the Court has further directed the Department of Forestry to renew the permit for the accused to continue transporting the wood legally. This decision brings an end to the case, which had seen the accused represented by legal aid counsel from the MalawiĀ LawĀ Society.
